Chapter 5 BUILDINGS*
ARTICLE III. ADMINISTRATION
Sec. 5-20. Stop work orders.
(a) The code official is authorized to issue stop work orders
directing that erection, construction, alterations, installation, repairs,
removal, demolition and other activities cease immediately and that the premises
be vacated pending compliance with such orders whenever:
(1) Any structure
or part thereof is found to be in a dangerous or unsafe condition due to
inadequate maintenance, deterioration, damage by natural causes, fire, or faulty
construction that it is likely to cause imminent injury to persons or
property;
(2) Any erection, construction, alterations, installation,
repairs, removal, demolition or other activity is being performed in or on any
structure or premises, or part thereof, contrary to accepted construction
practices or in a dangerous or unsafe manner which imperils life, safety or
property, or constitutes a fire or health hazard;
(3) Any erection,
construction, alterations, installation, repairs, removal, demolition or other
activity is being performed in or on any structure or premises, or any part
thereof, without required permits;
(4) Any erection, construction,
alterations, installation, repairs, removal, demolition or other activity is
being performed in or on any structure or premises, or any part thereof, in
non-compliance with the approved permit documents, any of technical codes, or
any other applicable law or regulation.
(b) The stop work order shall be in
writing and shall describe the nature of the dangerous or unsafe condition, the
manner of correction and the conditions under which work can be resumed. Where
the department observes a condition that creates a hazard to life or property
requiring immediate action, an immediate oral order shall have the full effect
of the subsequent written order.
(c) The stop work order shall be served on
the person from whom action, forbearance or compliance is required and the owner
of the premises. Upon notice of the stop work order, all work shall stop
immediately and the premises shall be vacated and closed to the public until
there has been compliance with the terms of the stop work order.
(d) The
stop work order shall be posted at every entrance to the premises in conspicuous
places clearly visible to the public. The stop work order shall remain posted on
the premises until the required repairs have been made, the dangerous and unsafe
conditions eliminated and required permits obtained.
(e) Any person who
violates a stop work order by doing any of the following will be subject to the
penalties provided in section 5-22 of this article.
(1) Continuing any work
in or about any structure or premises, or part thereof, after a stop work order
has been issued, except work required to correct the dangerous or unsafe
conditions described in the stop work order;
(2) Entering any structure or
premises, or part thereof, on which a stop work order has been posted, except
for the purpose of correcting the dangerous or unsafe conditions described in
the stop work order;
(3) Permitting any structure or premises, or part
thereof, to be occupied by the public before the stop work order has been lifted
by the department;
(4) Removing, damaging, altering or defacing any stop
work order;
(5) Resisting or interfering with any inspector or other
official in the performance of their duties or the enforcement of any provision
of this article. (Ord. No. G-05-18, § 13, 12-19-05)
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