A. Stop Work Order. The Building Official is authorized to issue a stop work order if construction has begun or occupancy of a development in the case of a deferral of SDCs, for which SDCs are due, without payment of the applicable SDCs. The stop work order must be in writing and given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order must state the reason for the order, and that work will be permitted to resume when SDCs have been paid.

B. Civil Infraction. Commencement of construction or occupancy of a development in the case of a deferral or appeal of SDCs, for which SDCs are due, without payment of the applicable SDCs, is a Class A civil infraction. Each day that a violation continues to exist constitutes a separate violation, and a separate penalty may be assessed for each day the violation continues.

C. A system development charge is the obligation of the property for which an SDC is due and is not personal to the person paying the SDC. SDCs that remain unpaid after they become due will be a lien on the property, which may be recorded in the City lien docket and/or in the real property records of Deschutes County. Liens for unpaid SDCs may be foreclosed in any manner provided by ORS 223.505 to 223.650 or as otherwise provided by law.

D. In addition to an action at law and any statutory rights, the City may: