§ 14-85. Stop-work orders.

Whenever any building or structure or part thereof is being demolished, constructed, reconstructed, altered, or repaired in a hazardous manner or in substantial violation of any state or town building law, or in a manner that endangers life or property, the appropriate inspector may order the specific part of the work that is in violation or presents such a hazard to be immediately stopped. Such order shall be in writing to the person doing the work, and shall state the specific work to be stopped, the specific reasons therefor, and the conditions under which the work may be resumed.

(1)

The owner or builder may appeal from a stop-work order involving alleged violation of the state building code or any approved local modification thereof to the state commissioner of insurance within a period of five days after the order is issued. Notice of appeal shall be given in writing to the commissioner of insurance, with a copy to the code enforcement officer and the town manager. The commissioner of insurance shall promptly conduct a hearing at which the appellant and the code enforcement officer shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. Pending the ruling by the commissioner of insurance on an appeal no further work shall take place in violation of a stop-work order.

(2)

Appeals from a stop-work order based on violation of any other town ordinance relating to buildings shall be taken to the local official designated by the town, and shall be taken, heard, and decided in the same manner as prescribed herein for appeals to the commissioner. Violation of a stop-work order shall constitute a misdemeanor.

(Code 1985, § 150.51(e); Code 1999, § 14-99)

State law reference

Stop-work orders, G.S. 160A-421.