§ 145-22. Stop-work orders.  


Latest version.
  • A. 
    Authority to issue. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The Building Inspector shall issue a stop-work orders to halt:
    (1) 
    Any work that is determined by the Building Inspector to be contrary to any applicable provision of the Uniform Code or Energy Code, 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 Building Inspector, 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.
    B. 
    Content of stop-work orders. Stop-work orders shall:
    (1) 
    Be in writing;
    (2) 
    Be dated and signed by the Building Inspector;
    (3) 
    State the reason or reasons for issuance; and
    (4) 
    If applicable, state the conditions which must be satisfied before work will be permitted to resume.
    C. 
    Service of stop-work orders. The Building Inspector shall cause the stop-work orders, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Building Inspector shall be permitted, but not required, to cause the stop-work orders, 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 orders, 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 orders.
    D. 
    Effect of stop-work order. Upon the issuance of a stop-work orders, 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 orders.
    E. 
    Remedy not exclusive. The issuance of a stop-work orders shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue stop-work orders 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 under § 145-31 of this article or under any other applicable local law or state 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.