(A) Authority. The Enforcement Official may issue a request to stop work.
(B) Cause. A request to stop work may be issued for any violation or alleged violation of this chapter when one or more of the following statements apply:
(1) Cost to remedy. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the cost to remedy the violation will likely increase;
(2) Non-compliance. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the violation will likely escalate in non-compliance;
(3) Quantity of violations. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the number of violations will likely increase; or
(4) Public risk. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the continuance will put the health, safety or welfare of the public is at risk.
(C) General procedure.
(1) Issue notice. The request to stop work shall, in writing (i.e., notice), describe the violation or alleged violation and request the immediate cessation of work until the matter is resolved.
(2) Post notice. The request to stop work shall be posted in a conspicuous place on the property. A copy may also be delivered or mailed to the property owner, developer, builder, property manager, tenant, occupant or other interested parties.
(3) Effective. The request to stop work shall become effective upon posting on the property.
(4) Conditions. An Enforcement Official may describe the conditions under which the request to stop work will be lifted on the notice. Otherwise, it is the responsibility of the violator to schedule a meeting with the Enforcement Official.
(5) Agreement. To lift a request to stop work, a memorandum of agreement identifying the process and steps necessary to resolve the violation shall be signed by the property owner and the Enforcement Official; or a court of jurisdiction shall rule on the matter; or the Enforcement Official shall rescind the request to stop work.
(6) Failure to abide. An Enforcement Official may seek a court of jurisdiction to issue a temporary or preliminary injunction (i.e., stop work order) to the violator if he or she fails to abide by the request to stop work.
(7) Refusal to sign terms. An Enforcement Official may seek a court of jurisdiction to issue a temporary or preliminary injunction (i.e., stop work order) to the violator if he or she refuses to sign the terms of the memorandum of agreement, giving the Enforcement Official time necessary to pursue other enforcement options without furtherance of the violation or alleged violation.
(Ord. 10-2010, passed - -2010, § 10.08)