(A) (1) Whenever a member of the Board, the Building Commissioner, or that officer’s authorized representative or the Land Use Commissioner discovers the existence of any of the circumstances listed below, such official is empowered to issue an order requiring the suspension of the land alteration. The stop-work order shall be in writing and shall state to what land alteration it is applicable and the reason for its issuance. One copy of the stop-work order shall be posted on the property in a conspicuous place and one copy shall be delivered to the permit applicant, and if conveniently possible to the person doing the land alteration and to the owner of the property or his or her agent. The stop-work order shall state the conditions under which land alteration may be resumed.
(2) A stop-work order may be issued if:
(a) Land alteration is proceeding in a manner reasonably likely to cause harm to persons or property;
(b) Land alteration is occurring in violation of a drainage requirement and in such manner that if land alteration is allowed to proceed, there is a probability that it will be substantially difficult to correct the violation;
(c) Land alteration has been accomplished in violation of a drainage requirement and a period of time which is one-half the time period in which land alteration could be completed, but no longer than 15-calendar days has elapsed since written notice of the violation or noncompliance was either posted on the property in a conspicuous place or given to the person doing the land alteration, without the violation of noncompliance being corrected; or
(d) Land alteration for which a drainage permit is required is proceeding without a drainage permit being in force. In such an instance the stop-work order shall indicate that the effect of the order terminated when the required drainage permit is obtained.
(B) This sanction shall in no way limit the operation of penalties provided elsewhere in this subchapter.
(1) Land alteration activity for which a fee cannot be charged by the municipality because of federal or state law; or
(2) Land alteration activity accomplished by an employee or contractor of the town in the course of governmental, as opposed to proprietary, duties.
(1991 Code, § 134.25)