Chapter 19.100
STOP WORK ORDERS
Sections:
19.100.010 Stop work orders.
(1) Authorization. Whenever a violation of this title threatens the health or safety of the public or materially impairs the code enforcement officer’s ability to secure compliance with the Normandy Park Municipal Code, the code enforcement officer may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. A stop work order shall be served consistent with Chapter 19.120 NPMC. Issuance of a notice and order is not a condition precedent to the issuance of a stop work order.
(2) Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work.
(3) Issuance. The stop work order shall state the reasons for the order, the conditions under which the work cited will be permitted to resume, and may be appended to, or incorporate by reference, a notice and order. The stop work order shall take effect immediately upon service. During any such appeal, the stop work order shall remain in effect.
(4) Effect.
(a) The code enforcement officer is authorized to assess a special investigation fee for the issuance of a stop work order when work has started without the issuance of a permit. The special investigation fee shall be established pursuant to the most recently adopted fee schedule.
(b) Upon issuance of a stop work order, the work cited shall immediately cease.
(c) Work or activity, related or unrelated to the cited work, shall not resume unless specifically authorized in advance by the code enforcement officer.
(d) Any violation of a 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, specifically including reasonable attorney and expert witness fees, 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.
(e) 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 title.
(5) Remedy – Civil Penalties. Any person who shall continue any work in or about the structure 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 by law.
(a) In addition to any other judicial or administrative remedy, the code official or designee may assess penalties for the violation of any stop work order as set forth in Chapter 19.140 NPMC, Civil Penalties.
(b) 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 joint and several personal obligations in all persons responsible for code violation. The city of Normandy Park may collect the civil penalties assessed by any appropriate legal means.
(d) In addition to all other remedies, a lien for the value of the civil penalties imposed may be filed against the real property that is subject to compliance with this title in accordance with Chapter 19.140 NPMC.
(6) Appeal. A stop work order may be appealed according to the procedures prescribed by this title and Chapter 2.84 NPMC. 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.
(7) 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 the municipal code. (Ord. 1005 § 2 (Exh. A), 2021).