20.100.090 Stop work order.
A. Authority. The enforcement official may bring action to a court of jurisdiction. A court of jurisdiction may issue a stop work order.
B. Cause. A temporary or preliminary injunction may be issued when one or more of the following statements apply:
1. Cost to Remedy. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the cost, time, or challenge to remedy the violation will likely increase;
2. Noncompliance. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the violation will likely escalate in noncompliance;
3. Quantity of Violations. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the number of violations will likely increase; or
4. Public Risk. The violation or alleged violation is in regard to an active project, such that if work is not stopped, the continuance will put the health, safety, or welfare of the public at risk.
C. General Procedure.
1. Issue Notice. Before or after filing with the court, the enforcement official shall mail a notice letter to the violator, the property address, or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation or alleged violation.
2. Investigation. Before or after filing with the court, the enforcement official shall make a reasonable attempt to investigate an alleged violation to determine if there is a violation.
3. Stop Work Order. The enforcement official shall file for an action for temporary or preliminary injunction, or temporary restraining order (i.e., stop work order) in the court of jurisdiction to restrain a person from violating or further violating the Unified Development Code.
4. Post Notice. If the court grants the stop work order, the stop work order shall be posted in a conspicuous place on the property. A copy may also be delivered or mailed to the property owner, developer, builder, property manager, tenant, occupant, or other interested parties.
5. Effective. The stop work order shall become effective upon court issuance and either phone notification to the violator or posting the notice on site.
6. Conditions. The court of jurisdiction may determine and describe the conditions and terms under which the stop work order will be lifted. Otherwise, it is the responsibility of the violator to schedule a meeting with the enforcement official and/or court of jurisdiction to resolve the violation. [Ord. 12-27-11 § 10.09.]