Chapter 19.30
STOP WORK ORDERS
Sections:
19.30.030 Service of a stop work order.
19.30.010 Authorized.
The director is authorized to issue a stop work order to a person responsible for the civil code violation. Issuance of a notice of violation or notice of infraction is not a condition precedent to the issuance of the stop work order. (Ord. 3440 § 1, 2008).
19.30.020 Effect.
A. A stop work order represents a determination that a civil code violation has occurred and that any work or activity that is causing or contributing to the violation on the property where the violation has occurred or is occurring must cease.
B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work or activity may not resume unless specifically authorized by the director.
C. A stop work order may be challenged according to the procedures prescribed in MVMC 19.15.030 and 19.15.040.
D. Failure to appeal the stop work order within the applicable time limits renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. (Ord. 3440 § 1, 2008).
19.30.030 Service of a stop work order.
A. Service of a stop work order shall be made on a person responsible for the civil code violation by one or more of the following methods:
1. Personal service may be made on the person identified by the director as being responsible for the civil code violation, or by leaving a copy of the stop work order at that person’s house of usual abode with a person of suitable age and discretion who resides there.
2. Service directed to the landowner and/or occupant of the property may be made by posting the stop work order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below.
3. Service by mail may be made for a stop work order by mailing a copy, postage prepaid, by ordinary first class mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer’s address as shown on the tax records of the County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the stop work order was placed in the mail.
B. If the person responsible for the code violation cannot be personally served within the city of Mount Vernon and if an address for mailed service cannot reasonably be determined, then service of the stop work order may be made by posting the stop work order in a conspicuous place on the property where the violation occurred.
C. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if by posting, the facts showing the attempts to serve the person personally or by mail.
D. The failure of the director to make or attempt service on any person named in the stop work order shall not invalidate any proceedings as to any other person duly served. (Ord. 3440 § 1, 2008).
19.30.040 Remedies.
A. In addition to any other judicial or administrative remedy, the director may assess civil penalties for the violation of any stop work order as set forth in the civil penalty schedule contained in Chapter 19.35 MVMC.
B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease on the day the work is actually stopped.
C. Violation of a stop work order shall be a separate violation from any other civil code violation. Civil penalties assessed create a joint and several personal obligation in all persons responsible for the code violation. The city of Mount Vernon may collect the civil penalties assessed by any appropriate legal means.
D. Violation of a stop work order is hereby declared to be a nuisance and the city is authorized to enjoin or bate such nuisance summarily by any legal or equitable means as may be available. The costs for injunction or abatement shall be recovered by the city from the person responsible for the code violation in the manner provided by law.
E. In addition to all other remedies, a lien for the value of civil penalties imposed may be filed against the real property that is subject to compliance with this chapter. (Ord. 3440 § 1, 2008).