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Hyde Park City Zoning Code

§ 108-30.3

Appearance tickets; stop-work orders.

A. 
Appearance tickets.
(1) 
Authority to issue appearance tickets. The Zoning Administrator and the Building Inspector are authorized to issue appearance tickets to persons or corporations who are the subject of zoning enforcement and/or building code violation actions. Such appearance tickets shall be used only in connection with enforcement actions brought in the Justice Court of the Town.
(2) 
Authority for warrant for arrest. The failure of a person or a corporation to appear in Town Justice Court in response to a duly issued appearance ticket may result in the issuance of a warrant for the arrest of such individual person or corporation at the discretion of the Town Justice.
B. 
Stop-work orders.
(1) 
Authority to issue stop-work orders. The Zoning Administrator is authorized to issue stop-work orders pursuant to this section. The Zoning Administrator shall issue a stop-work order to halt any work that is determined by the Zoning Administrator to be contrary to any applicable provision of this Chapter 108 or Chapter 96 of the Code of the Town of Hyde Park, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work.
(2) 
Contents of stop-work order. Stop-work orders shall be in writing, be dated and signed by the Zoning Administrator, state the reason or reasons for issuance, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.
(3) 
Service of stop-work order. The Zoning Administrator shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Zoning Administrator shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
(4) 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
(5) 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection C of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article 35 of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.
(6) 
All authority to issue stop-work orders, notices of violation, notices of apparent violations, and all provisions and responsibilities related thereto, delegated to the Zoning Administrator are also delegated to the Deputy Building Inspectors.
[Added 9-23-2019 by L.L. No. 6-2019]