(A) The City Engineer, Public Works Director, Stormwater Manager, or City Registered Stormwater Inspectors shall have the authority to impose an immediate stop work order of on-going construction activities.
(B) A stop work order may be imposed without previous notice if there is:
(1) Evidence that contaminated stormwater is or has the potential to be discharged to any waters of the state, onto a public street, into the city storm sewer system or onto an adjacent property; or
(2) That the erosion and sediment control measures implemented by a permittee pursuant to the permit are inadequate to prevent or minimize, to the maximum extent practicable, the discharge of sediment, debris, or other pollutants from the construction site by stormwater.
(C) If exceptional circumstances are cited by the Building Official which may include, but are not limited to, situations which involve a risk of injury to persons, damage to storm drain facilities, or damage to other property or the environment, the city may take any steps deemed necessary to immediately alleviate any such exceptional circumstances and may bill the owner, developer, or contractor responsible for all direct and indirect costs incurred by the city.
(D) If a stop work order is issued by a Registered Stormwater Inspector, then the Stormwater Manager, Public Works Director, or City Engineer must be notified and approve the order prior to the issuance of the order or prior to releasing the order.
(E) The stop work order will remain in effect until the permittee has satisfactorily addressed all CORRECTIVE ACTION and brings the site back into compliance.
(F) The Building Official shall have the authority to stop all work permitted under the building code if the stop work order was imposed by a City Official under the conditions of § 155.092(B).
(G) A stop work order could be lifted conditionally if restarting work will not result in a new or continued violation.
(H) Being placed under a stop work order does not remove the permittee's responsibilities and obligations to continually operate and maintain compliance during the stop work order duration.
(I) Notice of violation(s) may be issued because of or due to a stop work order and impose penalties and fines, in accordance with the nature of the violation. Fines imposed shall be in accordance with the most recent Consolidated Fee Schedule adopted by the City Council. Penalties may be imposed in accordance with § 155.999 of the City Code.
(J) The permittee may appeal a stop work order pursuant to the appeal procedure set forth in § 155.093.
(Ord. 05-2024, passed 2-7-2024)