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A. Authority. The city is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order.

B. Enforcement Status. The city may enforce a stop work order pursuant to any provision of this code and enforce it in superior court. The stop work order may be appended to or incorporated by reference in any other enforcement action. The stop work order shall be subject to immediate enforcement by the city police as necessary.

C. Emergencies. Where an emergency exists, the code enforcement officer shall not be required to give a written notice prior to stopping the activity but will follow up an oral stop work order with a written stop work order within twenty-four hours.

D. Content. The stop work order shall state the reasons for the order, the conditions under which the activities cited may be permitted to resume if applicable, and may be appended to, or incorporate by reference, a notice and order.

E. Effect.

1. Upon issuance of a stop work order, the work cited shall immediately cease.

2. Work, related or unrelated to the cited work, shall not resume unless specifically authorized in advance by the code enforcement officer.

3. Any violation of the stop work order is hereby declared to be a nuisance and the code enforcement officer is authorized to enjoin or abate such nuisance by any legal or equitable means available. The costs for the injunction or abatement shall be recovered by the city from the person responsible for the code violation in the manner provided by law.

4. Failure to comply with the terms of a stop work order subjects the person responsible for the code violation to civil penalties and costs as set forth in this chapter.

F. Remedy. Any person who shall continue any work in or about the structure or property after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed herein. Violation of a stop work order shall be a separate violation from any other code violation.

G. Appeal. A stop work order may be appealed according to the procedures prescribed by this chapter. Failure to appeal the stop work order within the applicable time limits renders the stop work order a final determination that the code violation occurred, and that work was properly ordered to cease.

H. Removal of a Stop Work Order. When a stop work order has been posted in conformity with the requirements of this chapter, removal of such order without the authorization of the city, or the hearing examiner if the matter has been heard by the hearing examiner, is unlawful and a separate violation of this code. A penalty for removal, defacing, or destruction of a stop work order may be assessed in the amount specified herein. (Ord. 3901-22 § 2 (Exh. A), 2022.)