10.1-612.1 - Temporary stop work order; hearing; injunctive relief. - Virginia Statutes

§ 10.1-612.1. Temporary stop work order; hearing; injunctive relief.

A. The Director may issue a temporary stop work order on a construction oralteration project if he finds that an owner is constructing or altering adam without having first obtained the necessary certificate of approval, orif the activities are not in accordance with approved plans andspecifications. The order shall include written notice to the owner of thedate, time, and location where the owner may appear at a hearing before theBoard or a designated member thereof pursuant to § 2.2-4019 to show cause whythe temporary order should be vacated. The hearing shall be held within 15calendar days of the date of the order, unless the owner consents to a longerperiod.

B. Following the hearing, the Board may affirm or cancel the temporary orderand may issue a final order directing that immediate steps be taken to abateor ameliorate any harm or damage arising from the violation. The owner mayseek judicial review of the final decision of the Board pursuant to theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).

C. If the violation continues after the Board has issued a final decision andorder pursuant to subsection B or a temporary order issued by the Directorpursuant to subsection A, the Board may apply for an injunction from theappropriate court. A decision to seek injunctive relief does not precludeother forms of relief, enforcement, or penalties against the owner.

(2006, c. 30.)