22.02.080 Summary abatement – Stop work order.
A. Summary abatement. Whenever any violation of the VMC poses an imminent threat to the health, safety, or welfare of persons or property, or to the environment, the city may summarily and without prior notice order the condition(s) abated.
B. Stop work order. A stop work order is a form of summary abatement. Whenever the city official determines that a violation of the VMC has occurred or is occurring, the city official may issue a stop work order and impose monetary penalties consistent with VMC 22.02.070. A stop worker order may be issued if:
1. Work is not authorized by a valid permit; or
2. The permittee is not complying with the terms of the permit or approved plans; or
3. The work is, in the city official’s judgment, adversely effecting or about to adversely effect adjacent property or rights-of-way, a drainageway, watercourse, critical area or stormwater facility, city water system; or
4. The work creates a hazard to the public health, safety, or welfare.
C. Notice and appeal procedures.
1. Notice. Notice of summary abatement or a stop work order shall include:
a. The information required in VMC 22.02.040, except the notice shall refer to the method of summary abatement instead of a notice of civil violation and order or order to revoke a permit; and
b. Notice of the right to appeal the city’s action in the manner described for an appeal of a notice of civil violation and order or order to revoke a permit in VMC 22.03.020, and the right to request compensation for damages proximately caused to the appellant by the city’s summary abatement if the appellant prevails in the appeal.
2. Service of notice. Notice of summary abatement or a stop work order shall be served according to the requirements of VMC 22.02.060 as soon as reasonably possible.
D. Recovery of necessary and reasonable costs. The necessary and reasonable costs of summary abatement, including incidental expenses, shall be collected according to VMC 22.02.070(G). (Ord. M-3857 §8, 2007)