Buildings and Construction
15.02.050
Enforcement of Code Provisions
15.02.050 Enforcement of Code Provisions. Whenever the Public Officer determines upon reasonable grounds that work or acts authorized by a permit or the occupancy of property, is in violation of any of the provisions of the Shawnee Municipal Code, or state or federal laws, rules or design specifications of the city, or other applicable laws or regulations, or the conditions or requirements for approval of a site plan, plat, or special use permit, including required drainage, grade or elevation plans, or not in compliance with the provisions of any application, plans or specifications upon which a permit was issued, or that such work is otherwise being conducted in a dangerous or unsafe manner, then the Public Officer may notify the owner of the property, or the owner's agent, any party in possession of such property described in the permit application, or the person performing the work, to immediately suspend work authorized by the permit which is or could be affected by the violation located within the property or subdivision where the violation exists. Such stop work order and notice shall be in writing, shall state the conditions under which the work may be resumed, and may be served upon a person to whom it is directed either by personal delivery, or by posting the structure under construction and mailing a copy of the same to the address identified within the permit application for the applicant, property owner, and any party in possession of such property. A. Any person aggrieved by such a stop work order may file with the Public Officer a written appeal to the Building and Fire Code Board of Appeals for a review of the order within ninety (90) days of the date of personal delivery of the order, the date the property was posted, or the date of the mailing of the notice and stop work order. The Board of Appeals on such review may affirm, modify or reverse the action of the Public Officer, as the facts may warrant. In the event of modification or reversal, the stop work order shall remain valid and in force through the date of any modification or reversal. Otherwise, any stop work order shall continue to remain valid and in effect throughout the appeal process. B. In addition to, or in the alternative to the issuance of a stop work order and notice, where the determination of violation concerns a building or structure for which a certificate of occupancy has already been issued, the Public Officer may issue a rescission of any certificate of occupancy issued for such property in the same manner and notice, and upon the same circumstances provided and authorized by this Title for the suspension of a permit.
C . Upon personal delivery, or posting of the property and mailing, it shall be unlawful for any person to continue any work described in the permit on property subject to a stop work order. Upon personal delivery or posting of the property and mailing to such person, it shall be further unlawful for any applicant for a permit, party in possession of property subject to a stop work order, or owner of property subject to stop work order, to allow, consent, or permit any person to perform work described within the permit upon property subject to a stop work order.
D. If the Public Officer rescinds the certificate of occupancy for property subject to a stop work order, upon personal delivery of such rescission or the posting of the property and mailing of notice of such rescission, it shall be unlawful for any applicant for a permit, party in possession of property subject to the stop work order, or owner of property subject to a stop work order, to allow, consent, or permit any person to occupy or enter upon property subject to the stop work order.(Ord 2701, 2003 )