§ 8-13. Revocation, suspension and reinstatement of permits.

(1)

The Building Official may revoke a permit or approval issued under the provisions of this Code in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.

(i)

Once work has commenced on a permit obtained on the basis of a fraudulently obtained or erroneously issued certificate and the permit is revoked, becomes null and void or expires because of lack of progress, a new permit covering the proposed construction shall be obtained before proceeding with the work.

(ii)

Permits granted in reliance on certificates which were fraudulently obtained or erroneously issued shall be administratively suspended by the Building Official or the Board of Rules and Appeals. Following any such suspension, the certificates may be reinstated and the work completed by a change of contractor, or, where authorized by law, by the assumption of the permit by an authorized owner, lessee or tenant, in accordance with the procedures provided in the law.

(iii)

In addition, the Board of Rules and Appeals may reinstate other suspended permits provided that the Board of Rules and Appeals determines that the property owner has been the victim of fraud or a misrepresentation of fact by the permit applicant in the application or on the plans on which the permit or approval was based. To make that determination, the following procedure shall be followed:

(a)

The owner shall bear the burden of proof to the Board of Appeals that the property owner has been the victim of fraud or misrepresentation;

(b)

The Board of Rules and Appeals shall conduct a public hearing, after notice, at which interested persons may appear to consider evidence indicating whether the public interest is served by closing the permit, or to do so under certain conditions. The evidence to be considered may include the type of permit involved, the work performed, the degree of private or public safety involved in the work and the inspections or reinspections performed;

(c)

Following such hearing, the Board of Rules and Appeals may determine that the affected permits may be revoked, assigned to an authorized owner, lessee or tenant, or closed out. The Board of Rules and Appeals may also determine that the final disposition of such permits shall be subject to certain conditions designed to protect the safety of the structure's inhabitants or the surrounding community, and may retain jurisdiction over those permits to ensure compliance with those conditions.

(2)

Whenever the Building Official reasonably believes the work for which a permit has been issued is not being performed in conformity with plans, specifications or descriptions, or approved plans are not being kept at the site, it shall be the duty of the Building Official to notify the contractor, or owner, or their agent, in writing, that the permit is suspended. Written notice shall be mailed or given to the permit holder or his agent, and it shall be unlawful for any person or persons to perform any work in or about the building or structure except such work as may be required for the correction of the expressed violations. And if, in the judgment of the Building Official, there is imminent danger that requires immediate action, the permit may be revoked or suspended verbally and written notice served later.

(3)

When a permit has been suspended, it shall not be reinstated until all existing violations have been corrected. Written notice of reinstatement shall be given the permit holder if requested.

(4)

Upon request of the owner and/or permit holder and on investigation by the Building Official to determine that the work has been abandoned or that the contractor is unable or unwilling to complete the contract a second permit may be issued where there is a change of contractor without the initial permit being revoked or suspended. The foregoing will be permitted only when the following stated persons have filed with the Building Official a letter stating the reason for a second permit being required and holding the Building Official harmless from legal involvement. All interested parties shall be notified before action is taken.

(i)

Where a prime contractor is the permit holder, the owner shall file such hold-harmless letter.

(ii)

Where a subcontractor or specialty contractor is the permit holder, the owner and prime contractor shall both file such hold-harmless letters.

(5)

Stop Work Orders for Construction Affected by Economic Crisis.

(a)

Notwithstanding any provision of this Code to the contrary, and subject to the conditions and limitations of this subsection, a permit applicant may apply to the Building Official for the issuance of a stop work order in connection with a valid permit issued for affected construction. Affected construction shall mean any new residential or commercial construction with a valid permit issued for the first time on October 1, 2006 or thereafter with expiration dated on or before June 1, 2009, as such end date may be extended by resolution of the Board of County Commissioners, where the construction work is suspended or abandoned as a result of economic hardship. In the event that the construction work has not commenced, the Building Official may in his or her discretion issue the stop work order subject to compliance with minimum safety requirements which may have been enacted subsequent to permit issuance. Economic hardship shall include bankruptcy, foreclosure, assignment for the benefit of creditors, demonstrated absence of credit short sales and slow sales as demonstrated by fewer than fifty percent (50%) of the units under construction being under sales contract.

(b)

The Building Official shall issue a stop work order pursuant to application on forms devised for this purpose upon a finding to his or her reasonable satisfaction that:

(i)

The work has been suspended or abandoned as a result of economic hardship; and

(ii)

The construction site is secure, does not pose a danger to the surrounding community, and is not otherwise unsafe as provided elsewhere in this Code.

(c)

The duration of a permit shall be abated during the pendency of a stop work order issued pursuant to this section, except that in addition to other remedies provided in this Code, the Building Official may lift the stop work order at any time for failure to comply with the conditions of its issuance. A stop work order issued pursuant to application under this section shall not exceed six (6) months in duration, whereupon the period of abatement shall end. The Building Official may extend a stop work order issued pursuant to his section for good cause shown upon resolution of the Board of County Commissioners approving such further period(s) of extension.

(d)

Any permit subject to a stop work order pursuant to this section may be reinstated upon application to the Building Official for reinstatement and payment of a permit extension fee. The reinstated permit shall for all purposes be considered the same permit previously applied for. By exception, any construction requiring a material change to the plans or new evaluation, analysis or load calculations, as determined in the reasonable discretion of the Building Official, shall require the issuance of a new permit subject to all the requirements attendant to a new permit including the payment of a new permit fee.

(e)

Nothing in this subsection shall impair the Building Official's authority to issue stop work order as otherwise provided in this Code or to [sic] shall serve as a defense against the Building Official's enforcement of the provisions of this Code relating to unsafe structures, which shall remain unaffected.

(Ord. No. 01-112, § 1, 7-10-01; Ord. No. 07-147, § 1, 10-2-07; Ord. No. 09-10, § 1, 1-22-09)