Chapter 7.40
STOP WORK, CEASE ACTIVITY, AND EMERGENCY ORDERS
Sections:
7.40.060 Compliance inspection.
7.40.070 Extension – Modification.
7.40.010 Applicability.
In addition to any other remedy specified in this code, the administrator may issue a stop work, cease activity, and/or emergency order whenever the administrator determines that a code violation has occurred or is occurring in violation of this code. (Ord. 23-658 § 5 (Exh. A)).
7.40.020 General.
Whenever the administrator determines a violation exists, he or she may issue a written order to stop work, cease activity, and/or an emergency order directing any person causing, allowing, or participating in the offending conduct to cease and desist such activity or conduct immediately as follows:
A. Stop Work Order. Whenever work or activity that is a continuing code violation will materially impair the administrator’s ability to secure compliance, or when the continuing violation threatens the health or safety of the public, the administrator has the authority to issue a stop work order prohibiting any work or other activity at the site.
B. Cease Activity Order. Whenever a use or activity that is a continuing code violation will materially impair the administrator’s ability to secure compliance, or when the continuing violation threatens the health or safety of the public, the administrator has the authority to issue a cease activity order prohibiting any use or other activity at the site.
C. Emergency Order. Whenever any use or activity that is a continuing code violation threatens the health and safety of the occupants of the premises or any member of the public, the administrator has the authority to issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. (Ord. 23-658 § 5 (Exh. A)).
7.40.030 Content of order.
The stop work, cease activity, and/or emergency order shall include all of the following information:
A. A directive to immediately stop the work, use, or activity until authorized in advance and in writing by the administrator;
B. The address and/or location of the code violation;
C. A legal description of the real property or the Pierce County tax parcel number where the violation has occurred or is located, or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation(s) has occurred or is occurring;
D. The name(s) and address(es) of the person(s) responsible;
E. A description of the code violation(s), including the date(s) the violation was confirmed. The administrator may choose to attach dated photos to support the description;
F. A statement of each specific authority (e.g., regulation, ordinance, permit condition, or other provision) that was violated;
G. The corrective action required to abate the code violation;
H. A deadline containing a date and time certain by which the corrective action must be completed;
I. A statement requiring the person(s) responsible to request a compliance inspection as specified in EMC 7.40.060;
J. A statement that violation, removal, or defacement of the order is a misdemeanor;
K. A statement that a monetary penalty in an amount per day for each violation as specified in Chapter 7.70 EMC may be assessed against the person to whom the order is directed upon failure to complete the required corrective action by the specified deadline; and
L. A statement that the order may be appealed in accordance with EMC 7.40.080. (Ord. 23-658 § 5 (Exh. A)).
7.40.040 Service of order.
A. The administrator shall serve the stop work, cease activity, and/or emergency order upon the person(s) to whom it is directed, either by delivering it personally or by mailing a copy of it by regular mail to such person at his or her last known address. In addition, the administrator shall post a copy of the stop work, cease activity, and/or emergency order conspicuously on the affected property or structure, or as near to the affected property or structure as feasible.
B. Service is deemed complete upon posting a copy of the stop work, cease activity, and/or emergency order conspicuously on the affected property or structure, or as near to the affected property or structure as feasible.
C. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the date and the manner of service.
D. Any failure of the person to whom the stop work, cease activity, and/or emergency order is directed to observe the posted order or to actually receive the mailed order shall not invalidate service made in compliance with this section, nor shall it invalidate the stop work, cease activity, and/or emergency order. (Ord. 23-658 § 5 (Exh. A)).
7.40.050 Effect of order.
A. Upon issuance of a stop work, cease activity, and/or emergency order, the work, activity, and/or use shall immediately cease. When such order has been issued, posted and/or served pursuant to this section, it is unlawful for any person to whom the order is directed or any person with actual or constructive knowledge of the order to perform the work or to conduct the activity or use covered by the order, even if the stop work, cease activity, and/or emergency order has been appealed.
B. Any work, use, or activity, related or unrelated to the cited work, use, or activity in the order, shall not resume unless specifically authorized in advance and in writing by the administrator.
C. Violation of a stop work, cease activity, and/or emergency order constitutes a misdemeanor.
D. A monetary penalty shall accrue for each day or portion thereof that a violation of a stop work, cease activity, and/or emergency order occurs, in the same amounts as under EMC 7.70.010 unless otherwise specified.
E. In addition to such criminal or monetary penalties, the city may enforce the stop work, cease activity, and/or emergency order in accordance with this title or as authorized by law. (Ord. 23-658 § 5 (Exh. A)).
7.40.060 Compliance inspection.
A. The city may conduct compliance inspections prior to the compliance date to monitor progress toward compliance.
B. Upon completion of the corrective action required under the stop work, cease activity, and/or emergency order, the person responsible shall give notice to the administrator. The administrator shall confirm receipt of the notification in writing and provide the anticipated date and time of the compliance inspection.
C. After receiving notice from the person responsible that the corrective action is complete, the administrator shall complete a compliance inspection within three business days, determine if the corrective action is complete, and provide the person responsible with written notice of the determination. The administrator’s determination of whether the corrective action is complete or not complete shall not be appealable and shall be provided by regular mail, email, or personal service.
D. If the administrator determines that the corrective action is not complete, the person responsible must complete the corrective action by the deadline outlined in the stop work, cease activity, and/or emergency order.
E. If the person responsible fails to complete the corrective action or if no response is received by the applicable deadline, the city may abate the violation and recover its costs and expenses in accordance with Chapter 7.60 EMC or take other legal action provided by law, and the person responsible shall be liable to the city and assessed a civil penalty of $250.00 per day commencing the day following the date set for the compliance of the notice of code violation, plus all costs and expenses of abatement, in accordance with EMC 7.60.050. (Ord. 23-658 § 5 (Exh. A)).
7.40.070 Extension – Modification.
An extension of time or modification to the required corrective action may be granted pursuant to EMC 7.10.140. (Ord. 23-658 § 5 (Exh. A)).
7.40.080 Appeals.
A. A stop work, cease activity, and/or emergency order may be appealed to the hearing examiner under the procedures set forth in Chapter 7.80 EMC. During any such appeal, the stop work, cease activity, and/or emergency order shall remain in effect.
B. If no appeal is filed, or if a timely appeal is filed and not stayed or reversed, the stop work, cease activity, and/or emergency order shall become final. (Ord. 23-658 § 5 (Exh. A)).