26.0214 Stop work orders.

Cite as [A.S.A.C. § 26.0214]

A. The Manager may issue a stop work order, upon finding reasonable cause to believe that a project, use or action violates one or more provisions of the Act, the provisions of this chapter or the terms and conditions of a land use permit or that an imminent threat exists of adverse impact.

B. The stop work order shall specify:

1. the provisions of law or the conditions of the land use permit alleged to be violated and a statement of facts constituting the violation; and

2. the corrective measures, if any, necessary to satisfy compliance with the Act and the provisions of this chapter, including but not limited to, immediate removal of any fill, structure, or other material, and provide for a time period in which compliance shall be effected; and

3. that sanctions specified by the Act and the provisions of this chapter may be imposed, unless the corrective measures are taken in the time period provided, and advise that the stop work order may be contested as provided by this section. At the discretion of the Manager, the stop work order may authorize specific mitigation work to be performed.

C. The stop work order shall be personally served upon the land use permittee, if any, or the person in charge at the site of the project, use or action, and shall be posted at the site.

1. Copies of the stop work order shall be sent to the Building Division, Department of Public Works.

2. It is a violation of the provisions of this chapter to remove or otherwise deface a posted stop work order.

D. A stop work order may be contested by its recipient upon giving notice, in writing, to the Manager within five (5) days of service of the stop work order.

1. If a recipient of a stop work order submits a land use permit application within ten (10) days of the stop work order, the land use permit shall be reviewed and considered by the Board pursuant to the same procedures applicable to a major project.

2. In the event a stop work order is contested, the Manager shall schedule a hearing before the Board at its next regularly scheduled meeting and notify the contestant at least twenty-four (24) hours before the hearing. The Board may approve, approve with conditions, or overturn the stop work order by a unanimous vote. A decision shall be rendered within thirty (30) days of the hearing and be accompanied by findings of fact and conclusions of law.

E. In the event the recipient of a stop work order does not comply with the terms of the stop work order or the decision of the Board, if appealed, the matter shall be referred to the Office of the Attorney General. The Attorney General is authorized to petition the High Court of American Samoa for injunctive relief to obtain compliance.

F. The stop work order shall remain in effect, except for mitigative work authorized by the Manager, if a citation has been issued, until the citation is adjudicated and all fines and costs paid.

History: Rule 8-80 (Ex. Ord. 03-80); ASCMP Reg. (Ex. Ord. 07-88); Rule 2-97, eff 4 Aug 97.