(A) The City Engineer shall serve a notice of violation and order on any person responsible, in whole or in part, for the construction, alteration, repair, maintenance, or removal of public improvements in violation of engineering plans and specifications approved pursuant to this chapter, or in violation of any permit issued under the provisions of this code, or otherwise in violation of this chapter. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(B) On notice from the City Engineer that work on any public improvement is being prosecuted contrary to the provisions of this chapter or of this code, such work shall be immediately stopped. Such a notice stopping work, a stop-work order, shall be in writing and shall be served on or otherwise given to the subdivider, or the subdivider's engineer, or to any person in charge of or performing work on public improvements in the subdivisions, or to an agent of any of the foregoing. Such an order shall state the conditions under which work may be resumed. No person shall continue any work after having been served with a stop-work order, except such work as is directed to be performed to remove a violation or dangerous or unsafe conditions, as provided in the order.
(C) The subdivider, subdivider's engineer, any person in charge of or performing work on public improvements in the subdivision, or any other interested person may appeal to the Plan Commission from a decision of the City Engineer issuing a notice of violation or stop-work order pursuant to this chapter. The appeal shall be in writing setting forth the reasons for the appeal and shall be filed with the City Clerk within ten days after receipt of the notice or stop-work order. The Plan Commission shall fix a time and place for hearing the appeal, not more than 20 days following the receipt of the appeal by the Clerk. The filing of an appeal shall not operate as a stay of a notice of violation or stop-work order.
(D) The City Administrator may act in the place of the City Engineer in connection with the administration and enforcement of these regulations.
(Ord. 81-0-19, passed 5-11-81; Am. Ord. 2011-O-4, passed 3-14-11) Penalty, see § 154.99