§ 561-263 — Stop-work order

Sec. 561-263. - Stop-work order.

(a) Whenever the administrator as assigned by the deputy director of the division of construction and business services or his or her authorized representative discovers the existence of any of the circumstances listed below, he or she is empowered to issue an order requiring the suspension of all construction activities. The stop-work order shall be in writing and shall state to what construction activities it is applicable and the reason for its issuance. One (1) copy of the stop-work order shall be posted on the property in a conspicuous place and one (1) copy shall be delivered to the permit applicant, and if conveniently possible to the person performing the construction activities and to the owner of the property or his or her agent. The stop-work order shall state the conditions under which construction activities may be resumed. A stop-work order shall be issued if: (1) Land alteration is proceeding in an unsafe manner; (2) Land alteration is occurring in violation of a drainage requirement and in such manner that if land alteration is allowed to proceed, there is a probability that it will be substantially difficult to correct the violation; (3) Land alteration has been accomplished in violation of a drainage requirement and a period of time that is one-half (½) the time period in which land alteration could be completed, but no longer than fifteen (15) calendar days has elapsed since written notice of the violation or noncompliance was either posted on the property in a conspicuous place or given to the person doing the land alteration, without the violation or noncompliance being corrected; (4) Land alteration for which a drainage permit is required is proceeding without a drainage permit being in force. In such an instance, the stop-work order shall indicate that the effect of the order terminates when the required drainage permit is obtained; (5) Construction activity is proceeding without the appropriate installation and maintenance of pollution prevention controls, including but not limited to, erosion and sediment controls, concrete and cementitious washout containment and trash containment; or (6) Construction activity that results in prohibited discharges to a municipal separate storm sewer, combined sewer or surface water body defined as an environmental public nuisance by section 575-2 of this Code. (b) This sanction shall in no way limit the operation of penalties provided elsewhere in this chapter. (c) The fee for violating a stop-work order shall be provided in section 131-501 of this Code.

(Code 1975, § 10½-72; G.O. 3, 2002, § 14; G.O. 63, 2009, § 44; G.O. 41, 2016, § 2; G.O. 16, 2022, § 24; G.O. 33, 2023, § 6; G.O. 38, 2025, § 1)