For the purposes of administering and enforcing this subchapter, the Building Inspector and authorized law enforcement entities (herein "inspecting official") shall have the right to enter into and upon any lands within the city limits, in or upon which excavation, installation, repairs or any other construction activities exist or on any lands on which operations are being conducted in creating an excavation, repair or installation, to examine and inspect the lands and excavations, repairs or installations, to determine whether such operations are in violation of this subchapter and to further determine whether all permits have been secured as required.
(A) Cessation of operations/stop work order. If the inspection provided for above reveals that the excavation, installation, repair or construction activity is being operated or maintained in violation of the permit issued, including a certificate of occupation, the inspecting official may immediately give notice in writing to the person in charge at the site, or the owner thereof, to stop all work or construction activities, setting forth therein the reason for the issuance of the stop work order. If no person is available, the leaving of a written notice, on the equipment located at the site or upon a stake at the entry of the site where the excavation, installation, repair or construction activity is occurring, shall be deemed compliance with this section.
(B) Time limitation for correction. After issuance of the notice as provided for above, there shall be no further operation of the excavation, installation, repair or any other construction activity until the violations complained of by the inspecting official have been remedied. Except that the violation shall constitute an immediate threat to the public health or safety, the owner and contractor shall have three days from the date of receipt of the complaint notice from the inspecting official to remedy the violations complained of and to request the inspection by the Inspector to verify that the violations complained of have been remedied and that the construction activity is ready for additional inspection.
(C) Failure to remedy violation. In the event a contractor or owner fails to remedy the violation complained of, the Building Inspector shall notify the City Administrator of the violations discovered and request that the City Council hold a hearing to consider revocation of the contractor's and owner's permit as provided in this subchapter. A continuation of work or operation of the construction activity, other than to remedy the violation complained of, after written notice has been received by the contractor or owner to cease the construction activity shall constitute a violation of this subchapter.
(D) Right to repair or correct. The city may immediately repair any site or location within the streets or rights-of-way at the contractor's and owner's expense where there exists: a known condition which constitutes a nuisance; a dangerous or hazardous condition; an eminent threat to the public health, safety or welfare; or when the contractor or owner is performing construction activities, excavations, installations or repairs without the appropriate permit; or when the contractor or owner is performing construction activities, excavations, installations or repairs contrary to the terms of this subchapter, other applicable ordinances, state or federal law and refuses to correct the situation immediately upon direction from the Building Inspector.
(Ord. 2006-003, passed 3-22-2006)