§ 12.09.02. Ongoing inspections.

(a)

Inspection. The town shall implement a procedure for periodic inspection of development work in progress to ensure compliance with the development permit which authorized the activity.

(b)

Minor deviations. If the work is found to have one or more minor deviations, the town shall amend the development order to conform to actual development. The town may, however, refer any minor deviation that significantly affects the development's compliance with the purposes of this Land Development Code to the development review board for treatment as a major deviation.

(c)

Major deviations.

(1)

If the work is found to have one or more major deviations, the town shall:

a.

Place the matter on the next agenda of the development review board, allowing for adequate notice, and recommend appropriate action for the board to take.

b.

Issue a stop work order, and/or refuse to allow occupancy of all or part of the development, if deemed necessary to protect the public interest. The order shall remain in effect until the department determines that work or occupancy may proceed pursuant to the decision of the development review board.

c.

Refer the matter to the code inspector, if it appears that the developer has committed violations within the jurisdiction of the special magistrate.

(2)

The development review board shall hold a public hearing on the matter and shall take one of the following actions:

a.

Order the developer to bring the development into substantial compliance (i.e., having no deviations or only minor deviations) within a reasonable period of time. The development order or permit may be revoked if this order is not complied with.

b.

Amend the development order or permit to accommodate adjustments to the development made necessary by technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process. Amendments shall be the minimum necessary to overcome the difficulty, and shall be consistent with the intent and purpose of the development approval given and the requirements of this Land Development Code.

c.

Revoke the relevant development order or permit based on a determination that the development cannot be brought into substantial compliance and that the development order or permit should not be amended to accommodate the deviations.

(d)

Action of developer after revocation of development order. After a development order or permit has been revoked, development activity shall not proceed on the site until a new development order or permit is granted in accordance with procedures for original approval.

(Ord. No. 91-6, § 3(12.09.02), 2-11-1992; Ord. No. 2009-03, § 9(12.09.02), 6-9-2009)