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§ 150.52 STOP-WORK ORDER.
(A) The Building Commissioner may issue an order requiring suspension of the pertinent construction (stop-work order) in accordance with this section.
(B) The stop-work order shall:
(1) Be in writing.
(2) State with specificity the construction to which it is applicable and the reason for its issuance.
(3) Be posted on the property in a conspicuous place.
(4) If practicable, be given to:
(a) The person doing the construction; and
(b) To the owner of the property or the owner's agent.
(5) The stop-work order shall state the conditions under which construction may be resumed.
(C) The Building Commissioner may issued a stop-work order if:
(1) Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in this chapter or any state law pertaining to safety during construction.
(2) Construction is occurring in violation of this Building Ordinance or in such a manner that if construction is allowed to proceed, there is a reasonable probability that it will substantially be difficult to correct the violation.
(3) Construction for which a building permit is required is proceeding without a building permit being in force.
(D) The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in this chapter.
(BC Ord. 2003-14, passed 7-15-03) Penalty, see § 150.99
Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Building Commissioner. Such a person may file a petition using either, or both, of the following procedures:
(A) Appeal to the Fire Prevention and Building Safety Commission.
(1) A person aggrieved by an order issued under this chapter may submit a petition for review to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7.
(2) The Commission may modify or reverse any order that covers a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule, or a building rule.
(3) The Fire Prevention and Building Safety Commission must review orders that concern a Class 2 Structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.
(4) The Fire Prevention and Building Safety Commission may review all other orders issued under this chapter that cover a subject governed by I.C. 22-12, I.C. 22-13, I.C. 22-14, I.C. 22-15, a fire safety rule, or a building rule.
(5) The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(B) Appeal to an established local administrative body or court. Pursuant to I.C. 36-7-8-9, a person aggrieved by a decision of the Building Department may appeal as in other civil actions. The appellant must, by registered mail, give the county executive a 15-day written notice of his or her intention to appeal. This notice must concisely state the appellant’s grievance. If, pursuant to I.C. 36-1-6-9, the county has established by ordinance to hear appeals of orders issued under ordinances, then a person aggrieved by an order may petition for review with this administrative body in accordance with said ordinances. if no such administrative body exists, then the person may petition a court for judicial review of the order.
(BC Ord. 2003-14, passed 7-15-03) Penalty, see § 150.99
(A) Any person violating any provision of this chapter may be subject to a fine in any sum not exceeding $2,500. The assessment of a monetary penalty shall in no way limit the operation of the penalties provided elsewhere in this chapter.
(B) If any person, firm or corporation shall violate any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully required within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of this ordinance for each such violation, failure or refusal, such person, firm or corporation shall be fined a sum as hereinafter set forth.
(1) The sum of $250 for failure to correct such violation after such person, firm or corporation shall have been given written notice of such violation which notice shall state the items to be corrected, and that said correction shall be completed within ten days following delivery of notice to such person, firm or corporation.
(2) The sum of $500 in addition to the initial sum of $250 as hereinabove set forth if such correction is not made within 20 days following the receipt of such initial notice.
(3) The sum of $750 in addition to the aforesaid $250 and $500 if said correction is not made within 30 days following the receipt of such initial notice.
(4) The Building Commissioner may, for good cause, extend the above ten-day, 20-day, and 30-day periods for achieving such corrections, but in no event shall the time be shortened for making such corrections which shall subject the person, firm or corporation to the aforesaid civil fines.
(C) In addition to the above fines, the Commissioners and/or the Building Commissioner may maintain a civil action in a Court of competent jurisdiction to seek a Court Order removing any person or persons from occupying any building or structure contrary to this chapter to stop work upon any building or structure which is proceeding in violation of this chapter.
(BC Ord. 2003-14, passed 7-15-03)