The Code Enforcement Officer is authorized to issue a stop-work
order to halt any of the following work:
A. Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the codes, without regard
to whether such work is or is not work for which a building permit
is required, and without regard to whether a building permit has or
has not been issued for such work; or
B. Any work that is being conducted in a dangerous or unsafe manner
in the opinion of the Code Enforcement Officer, without regard to
whether such work is or is not work for which a building permit is
required, and without regard to whether a building permit has or has
not been issued for such work; or
C. Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that
has become invalid, has expired, or has been suspended or revoked.
The stop-work order shall:
B. Be dated and signed by the Code Enforcement Officer; and
C. State the reason or reasons for issuance; and
D. If applicable, state the conditions which must be satisfied before
the work will be permitted to resume.
The Code Enforcement Officer shall cause the stop-work order,
or a copy thereof, to be served on the owner of the affected property
personally or by certified mail. The Code Enforcement Officer shall
be permitted, but not required, to cause the stop-work order, or a
copy thereof, to be served on any builder, architect, tenant, contractor,
subcontractor, construction superintendent, or their agents, or any
other person taking part or assisting in work affected by the stop-work
order, personally or by certified mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the stop-work order.
Where an imminent danger exists, the Code Enforcement Officer
shall not be required to give a written stop-work order prior to stopping
the work. However, this written order shall be issued within a reasonable
amount of time but no greater than five business days from the Code
Enforcement Officer's order to stop the work.
Upon issuance of a stop-work order, the owner of the affected
property and any other person performing, taking part in, or assisting
in the work shall immediately cease all work which is the subject
of the stop-work order, other than work expressly authorized by the
Code Enforcement Officer to correct the reason for issuing the stop-work
order.
The issuance of a stop-work order shall not be the exclusive
remedy available to address any event described in this article, and
the authority to issue a stop-work order shall be in addition to,
and not in substitution for or limitation of, the right and authority
to pursue any other remedy or impose any other penalty prescribed
in this chapter or any other applicable law. Any such other remedy
or penalty may be pursued at any time, whether prior to, at the time
of, or after the issuance of a stop-work order.