Chapter 13.72
DEPARTMENT OF PUBLIC WORKS—STOP WORK NOTICES
Sections:
13.72.010 Authority to stop work.
13.72.020 Procedure for stopping work.
13.72.040 Violation—Penalties.
13.72.050 Violation—Injunction.
13.72.060 Corrective action by city.
13.72.070 Suspension of permit.
13.72.080 Right of entry—Corrective action.
13.72.090 Penalties not exclusive.
13.72.100 Intention—Liability.
13.72.010 Authority to stop work.
The director of public works, or his designee, is authorized to stop work on all or any part of any unauthorized work on public property or all or any part of work authorized by any permit issued by the public works department. The authority to stop work shall be exercised by a written stop work notice which shall: (a) state the reason(s) for stop work including but not limited to, provisions of applicable ordinances, regulations, policies, plans and/or specifications, or permit(s); (b) describe work that shall not be performed; and (c) describe defects, if any, and corrective actions to be taken by permittee. (Ord. 894-82 § 1, 1982)
13.72.020 Procedure for stopping work.
Whenever the director of public works or his designee orders work stopped pursuant to the authority granted in Section 13.72.010, the following procedure shall be followed:
A. Stop work notice shall be served on any person performing such work and/or any person causing such work to be done; or
B. A stop work notice shall be posted at the site of the work being done. (Ord. 894-82 § 2, 1982)
13.72.030 Violation.
A. No person, firm, corporation or association shall perform work in violation of a stop work notice issued by the director of public works or his designee.
B. No person, firm, corporation or association shall remove, mutilate, destroy or conceal a stop work notice issued and posted by the director of public works or his designee.
C. When a stop work notice has been issued, no person, firm, corporation or association shall fail to take and/or complete any corrective actions designated by the director of public works or his designee. (Ord. 894-82 § 3, 1982)
13.72.040 Violation—Penalties.
Any person, firm, corporation or association violating Section 13.72.030 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars or by imprisonment in jail not to exceed six months, or both fine and imprisonment. Each separate day or any portion thereof, during which any violation of this chapter occurs or continues, shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. (Ord. 894-82 § 4, 1982)
13.72.050 Violation—Injunction.
The city is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant a temporary or permanent injunction restraining any person, firm, association and/or corporation from violating any ordinance, regulation, policy, plan or specifications and/or permit issued thereunder for which the public works department is responsible for administering and compelling compliance therewith. (Ord. 894-82 § 5, 1982)
13.72.060 Corrective action by city.
When a stop work notice designates corrective action to be taken, the permittee shall immediately perform the corrective action(s) as directed by the director of public works or his designee.
In the event the permittee fails to take the designated corrective action within three work days following service of the stop work notice, then the director or his designee is authorized to perform such corrective action or have a third party take such corrective action as is deemed necessary; provided that in the event the director of the public works department, or his designee, finds that a dangerous condition exists, the director of the public works department, or his designee, is authorized to immediately perform such corrective action or have a third party take such immediate corrective action as is deemed necessary to correct the dangerous condition.
All costs of the city for corrective actions and enforcement actions shall be borne by the permittee or, in the case no permit is obtained when required, said costs shall be borne by the person, firm, corporation or association responsible for the unauthorized work. (Ord. 891-82 § 6, 1982)
13.72.070 Suspension of permit.
The director of public works or his designee is authorized to suspend or revoke any permit issued by the public works department whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the public works department. (Ord. 894-82 § 7, 1982)
13.72.080 Right of entry—Corrective action.
The director of public works or his designee is authorized to enter at all reasonable times any building, structure or property for which a permit has been issued by, or on behalf of, the public works department or any building, structure or property reasonably related thereto for purposes of inspections and/or taking corrective action. In all other cases, unless entry is consented to by the owner or person in control of the building, structure or property in question, the director of public works or his designee prior to entry shall obtain a search warrant authorized by the laws of the state of Washington. (Ord. 894-82 § 8, 1982)
13.72.090 Penalties not exclusive.
Penalty and enforcement provisions provided in this chapter shall not be exclusive, and the city may pursue any or all remedies or relief deemed appropriate. (Ord. 894-82 § 9, 1982)
13.72.100 Intention—Liability.
It is expressly the purpose of the ordinance codified in this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of the ordinance codified in this chapter.
It is the specific intent of the ordinance codified in this chapter that no provision nor any term used in the ordinance codified in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of the ordinance codified in this chapter shall be discretionary and not mandatory.
Nothing contained in the ordinance codified in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of a permittee to comply with the provisions of the ordinance codified in this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to the ordinance codified in this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of the ordinance codified in this chapter by its officers, employees or agents. (Ord. 894-82 § 11, 1982)