§ 32-229. Stop orders

(a) Whenever any construction work development activity is being done contrary to any term, condition, requirements of any approved application or to the provisions of this chapter, the building official may order the work stopped by notice in writing (referred to as a stop work order) served on the property owner, authorized agent or any persons engaged in doing or causing such work to be done. Notice shall be given before the order shall be effective, except when the order should be effective immediately to protect and preserve the public health, safety or general welfare. Any person thereafter shall cease and desist from further development or construction material to the alleged noncompliance, until corrected by compliance and authorized by the building official to proceed with the work. This prohibition shall extend throughout any appeal period.

(b) The owner or authorized agent may appeal the stop work order to the city manager by giving written notice.

(c) The city manager shall reach a decision without unreasonable or unnecessary delay. A copy of the decision shall be delivered by certified mail or personal delivery to the applicant. The decision of the official shall be final but may be appealed to city council.

(d) The building official may require the placement of temporary erosion control, drainage protection or other measures by the owner or appellant in order to protect the site and the community resources during the appeal period.

(e) The application for each appeal must be signed and be accompanied by payment of a nonrefundable application fee established by appropriate action of the city council.

(Ord. No. 549, § 10.280, 12-22-2009)