(A) (1) The town may issue a stop work order to such developer or contractor, in the event a developer or contractor is installing, connecting or operating a sanitary sewer main or sewer mains connected to, or to be connected to, the town’s sewer system and it is determined:
(a) Such work is proceeding in such a manner so as to make it unsafe for the town’s inspectors to properly inspect the work;
(b) Construction is proceeding in violation of the town’s sewer standards and specifications;
(c) Construction is proceeding without a valid contract with the town or without a valid sewer construction permit issued by the town or IDEM; or
(d) Construction is proceeding at a time the developer is in violation of the contract with the town.
(2) The form of the order shall be as approved by the Town Council.
(B) If such stop work order needs to be issued in an emergent setting, such that no reasonable time may be allowed to pass before a Town Council meeting to approve such order, then, in such an event, a stop work order shall be issued by and signed by the Town Administrative Manager, or in that official’s absence the Sewer Plant Superintendent, after concurrence in that action by the Town Sewer Commissioner, or in that officer’s absence, at least one Town Council member. Such official shall have the authority to withdraw a stop work order, as well as to issue such order, if such official determines the conditions causing the issuance of such order have been abated.
(C) A memorandum shall be contemporaneously prepared setting out the facts of the matter which led to the issuance of the stop work order. That memorandum shall be provided to each member of the Town Council, the Town Clerk-Treasurer, the Wastewater Plant Superintendent, the Sewer Office Manager and the Town Attorney by electronic mail as well as by hard copy. If the order is withdrawn by the issuing official, that official shall prepare a memorandum setting out the facts of the matter which led to the withdrawal of the stop work order. That memorandum shall be provided to each member of the Town Council, the Town Clerk-Treasurer, the Wastewater Plant Superintendent, the Sewer Office Manager and the Town Attorney by electronic mail as well as by hard copy.
(D) A stop work order shall be served in the most expeditious manner on the developer and contractor. A copy of such order shall be posted at the job site and a copy delivered to the contractor at the site. A copy shall also be delivered to the developer. Such order shall remain in force until ordered withdrawn by the Town Council or until it is withdrawn by the issuing official.
(E) The issuance of a stop work order shall be reviewed at the next Town Council meeting. The Council may ratify the order, modify the order or withdraw the order.
(Ord. 2006-14, passed 8-9-2006) Penalty, see § 51.999