When necessary to obtain compliance with any provision of or any approval granted under the municipal code other than Chapter 15 or with any provision of or any approval granted under the zoning ordinance or subdivision ordinance, Code Enforcement Officers as defined by Section 1.08.030 may issue stop work orders requiring that all work, except work directly related to elimination of the violation, be immediately and completely stopped. The stop work order shall be in writing and shall include:
A.
Date
of the order;
B.
Permit
number, where applicable;
C.
Site
address, legal description or project location;
D.
A description
of all violations; and
E.
The
conditions, if any, under which the work may resume.
(Ord. 1881 § 2, 2000)
A.
A stop work order issued under Section 1.10.010 shall be effective when posted in a conspicuous location at the site of the work. A copy of the stop work order shall be mailed by certified mail or hand delivered to the owner of the property. The stop work order shall be effective until:
B.
With
the written approval of the Assistant City Manager for Community Development
or designee, any person may undertake work that is necessary to avoid
a threat or hazard to persons or property that would result if work
is left unfinished.
C.
If an appeal is filed with the City Manager, the work may continue if a bond is provided in a sufficient amount to pay for the removal of any work and the return of the property to its previous condition and the Assistant City Manager for Community Development determines that continuation of the work will not result in irreparable harm. If the stop work order is upheld by the City Manager and City Council as provided in Section 1.10.030, all work performed under this subsection shall be removed by appellant within 15 days of the final decision by the City on the appeal except as otherwise permitted in writing by the assistant City Manager for Community Development.
D.
When
an emergency condition exists, a Code Enforcement Officer may issue
a stop work order orally. A written notice confirming the oral stop
work order must then be issued, posted and mailed within 24 hours.
(Ord. 1881 § 2, 2000)
The owner of the property where the work was performed and any
other person affected by a stop work order may appeal the stop work
order by filing a written appeal with the City Manager at any time
while the stop work order is still in effect. The City Manager shall
decide the appeal within two business days of receiving the written
appeal by issuing a written decision and providing copies of the decision
to the appellant, the property owner if different, and the Code Enforcement
Officer who issued the stop work order. The appellant may appeal the
City Manager's decision to the City Council by filing a written request
for hearing within 10 days of the City Manager's decision. On receipt
of the written request for hearing, the City Manager shall set the
matter for hearing before the City Council at the next City Council
meeting.
(Ord. 1881 § 2, 2000)
If the matter is appealed to the City Council, the City Council
shall decide the matter after a public hearing at which the appellant
and any other person may give evidence and provide argument. The City
Council shall decide the issue by motion. In deciding the appeal,
the issues to be considered by the City Manager or the City Council
are whether work was performed, whether a City permit or approval
was required for that work, whether required permit or approvals were
issued, and whether the order violated any constitutional, statutory,
code, or common law requirements. Failure of an appellant to raise
an issue shall be a waiver of the issue.
(Ord. 1881 § 2, 2000)
The City Council decision on an appeal of a stop work order
is a quasi-judicial decision and is subject to judicial review on
the record as a quasi-judicial decision.
(Ord. 1881 § 2, 2000)
A.
Failure
to comply with a stop work order is civil infraction punishable by
a civil penalty of $1,000 per day for each day during which work continues
after a stop work order is issued. Work performed as authorized under
Subsection 1.10.020.A.2 and 3 is not a failure to comply with a stop
work order.
B.
It is
a civil infraction to intentionally remove, obscure, mutilate, or
otherwise damage a posted stop work order while the order remains
in effect.
(Ord. 1881 § 2, 2000)
