Corte Madera Municipal Code Ch. 15.70 Stop Work Order

(a) Whenever any construction or other work that is subject to any provision of this code has been, or is being, done in any manner that is contrary to any of the provisions of this code, any ordinance of the town, or any condition of a permit, approval, or other entitlement granted by the town, the town manager or his/her designee may order that all construction or work on the property be stopped immediately by notice in writing mailed to any person engaged in doing or causing such work to be done and the owner of the property, and by posting on the property where the violation has occurred, or is presently occurring, a notice to stop such construction or work. Such persons shall forthwith stop such work until authorized by the town to proceed with the work.

(b) Any person, firm, or entity ordered to stop work, or having ownership of the property where the stop work order has been issued, may appeal the stop work order by making application for an appeal to the building code appeals board, as established in Chapter 2.22 in this code, in accordance with the appeal procedures in this code that apply to the approval, entitlement, or permit that has been, or is being, violated. The requirement that a person, firm, or entity obtain a building permit is not subject to appeal. Whenever approval of the construction or other work is not subject to an appeal under the provisions of this code, an appeal of the issuance of the stop work order may be made to the town council in accordance with the provisions set forth in Sections 18.34.050 and 18.34.080 of this code, except that the appeal shall be filed with the town clerk within ten calendar days of the issuance of the stop work order.

(c) A condition of property arising out of any violation of subsection (a) of this section is a public nuisance and may be subject to any and all rights and remedies of the town under state law, this code, and/or any ordinance of the town in abatement of a public nuisance. A violation of this section may also constitute a criminal offense and be punishable in the manner described by Section 1.04.010 of this code.

(d) This section shall be separate from, and in addition to, any stop work order provisions contained in the California Building Code or any of the town's adopted construction codes.

(Ord. 888 § 1, 2004; Ord. No. 1007, § 21, 6-15-2021)