A.
Authority to issue. The Code Enforcement Officer is authorized to
issue stop-work orders pursuant to this section. The Code Enforcement
Officer shall issue a stop-work order to halt:
(1)
Any work that is determined by the Code Enforcement Officer to be
contrary to any applicable provision of the Uniform Code, Energy Code,
this chapter, or any other local law or regulation, 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
(2)
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
(3)
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.
C.
Service of stop-work orders. The Code Enforcement Officer shall cause
the stop-work order, or a copy thereof, to be served on the owner
of the affected property and, if applicable, upon any other person
or entity taking part or assisting in work performed at the affected
property, and any other person or entity to whom or to which a building
permit has been issued by:
(1)
By personal service upon such person or entity in any manner authorized
by the Civil Practice Law and Rules for personal service of a summons;
or
(2)
By regular mail addressed to such person or entity at the address
last known to the Code Enforcement Officer; or
(3)
By posting a copy of such order in a conspicuous place on the building
or structure which is subject of such order. If it is not practicable
to post a copy of the order on such building or structure, by posting
a copy of such order in a conspicuous place on the property or premises
where such building or structure is or is to be located.
D.
Effect of stop-work order. Upon the issuance of a stop-work order,
the owner of the affected property, the permit holder 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.
Unsafe structures and equipment in this City shall be identified and addressed in accordance with the procedures established by the City of Geneva's Municipal Code, Chapter 111, as now in effect or as hereafter amended from time to time.
The Code Enforcement Officer shall review and investigate complaints
which allege or assert the existence of conditions or activities that
fail to comply with the Uniform Code, the Energy Code, this chapter,
or any other local law or regulation. The process for responding to
a complaint shall include such of the following steps as the Code
Enforcement Officer may deem to be appropriate:
A.
Performing an inspection of the conditions and/or activities alleged
to be in violation, and documenting the results of such inspection;
B.
If a violation is found to exist, providing the owner of the affected
property and any other person who may be responsible for the violation
with notice of the violation and opportunity to abate, correct or
cure the violation, or otherwise proceeding in the manner described
within this chapter;
C.
If appropriate, issuing a stop-work order;
D.
If a violation which was found to exist is abated or corrected, performing
an inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction,
and filing such report with the complaint.
A.
Compliance orders. The Code Enforcement Officer is authorized to
order in writing the remedying of any condition or activity found
to exist in, on or about any building, structure, or premises in violation
of the Uniform Code, the Energy Code, this chapter, or any other local
law or regulation. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
The compliance order shall:
(1)
Be in writing;
(2)
Be dated and signed by the Code Enforcement Officer;
(3)
Specify the condition or activity that violates the Uniform Code,
Energy Code, this chapter, or any other local law or regulation;
(4)
Specify the provision or provisions of the Uniform Code, Energy Code,
this chapter, or any other local law or regulation which is/are violated
by the specified condition or activity;
(5)
Specify the period of time which the Code Enforcement Officer deems
to be reasonably necessary for achieving compliance;
(6)
Direct that compliance be achieved within the specified period of
time; and
(7)
State that an action or proceeding to compel compliance may be instituted
if compliance is not achieved within the specified period of time.
B.
Time period for compliance. The time period in which compliance with
a compliance order issued pursuant to this subdivision must be achieved
shall be fixed by the Code Enforcement Officer, taking into account
the nature of the violation(s), the impact continuation of such violation(s)
would have on health and safety, the time period which the Code Enforcement
Officer deems to be reasonably necessary for achieving compliance,
and such other factors as the Code Enforcement Officer deems relevant.
In no event shall the time period in which compliance must be achieved
exceed 30 days, unless:
C.
Service. The Code Enforcement Officer shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property by:
(1)
Personal service upon such person or entity in any manner authorized
by the Civil Practice Law and Rules for personal service of a summons;
or
(2)
Regular mail addressed to the owner of the affected property at the
address last known to the Code Enforcement Officer; or
(3)
Posting a copy of such order in a conspicuous place on the building,
structure, property or premises which is the subject of such order.
