§ 154.71  NOTICE OF VIOLATIONS; STOP WORK ORDER; APPEALS.
   (A)   The City Engineer shall, by registered mail, serve a written notice of violation and order upon 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 these regulations, or in violation of any permit issued under the provisions of this chapter, or otherwise in violation of these regulations. The order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
   (B)   Upon notice from the Engineer that work on any public improvements is being prosecuted contrary to the provisions of these regulations or of this chapter or is being prosecuted in an unsafe or dangerous manner, the work shall be immediately stopped. The notice stopping work, a stop-work order, shall be in writing and shall be served upon 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. The 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 the work as is directed to be performed to remove a violation or dangerous or unsafe condition, 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 may appeal to the Plan Commission from a decision of the Engineer issuing a notice of violation or stop-work order pursuant to these regulations. The appeal shall be in writing setting forth the reasons for the appeal and shall be filed with the City Clerk within 10 days after receipt of the notice or stop-work order. The 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.
(1992 Code, § 154.71)  (Ord. 061278, passed 6-12-1978)