§ 160A-421. Stop orders. - North Carolina Statutes

§ 160A‑421.  Stop orders.

(a)        Whenever any building or structure or part thereof is beingdemolished, constructed, reconstructed, altered, or repaired in a hazardousmanner, or in substantial violation of any State or local building law, or in amanner that endangers life or property, the appropriate inspector may order thespecific part of the work that is in violation or presents such a hazard to beimmediately stopped.  The stop order shall be in writing, directed to theperson doing the work, and shall state the specific work to be stopped, thespecific reasons therefor, and the conditions under which the work may beresumed.

(b)        The owner or builder may appeal from a stop order involvingalleged violation of the State Building Code or any approved local modificationthereof to the North Carolina Commissioner of Insurance or his designee withina period of five days after the order is issued.  Notice of appeal shall begiven in writing to the Commissioner of Insurance or his designee, with a copyto the local inspector.  The Commissioner of Insurance or his designee shallpromptly conduct an investigation and the appellant and the inspector shall bepermitted to submit relevant evidence.  The Commissioner of Insurance or hisdesignee shall as expeditiously as possible provide a written statement of thedecision setting forth the facts found, the decision reached, and the reasonsfor the decision.  Pending the ruling by the Commissioner of Insurance or hisdesignee on an appeal no further work shall take place in violation of a stoporder.  In the event of dissatisfaction with the decision, the person affectedshall have the options of:

(1)        Appealing to the Building Code Council, or

(2)        Appealing to the Superior Court as provided in G.S. 143‑141.

(c)        The owner or builder may appeal from a stop order involvingalleged violation of a local zoning ordinance by giving notice of appeal inwriting to the board of adjustment.  The appeal shall be heard and decidedwithin the period established by the ordinance, or if none is specified, withina reasonable time.  No further work shall take place in violation of a stoporder pending a ruling.

(d)        Violation of a stop order shall constitute a Class 1misdemeanor. (1969, c. 1065, s.1; 1971, c. 698, s. 1; 1983, c. 377, s. 5; 1989, c. 681, s. 6; 1991, c. 512, s.3; 1993, c. 539, s. 1091; 1994, Ex. Sess., c. 24, s. 14(c).)