Help with Stop Work Order

[Anonymous]

Anonymous wrote:If you did a deck with permits, you should have had a series of inspections throughout the course of the project. Each time the inspector stamps the papers.

This story does not make sense.

This, I'd reply to the inspector with copies of the stamped permits, cc'ing the inspector who stamped them, a supervisor and my ANC rep

[Anonymous]

OP's post makes no sense. And the "not clear" repetition makes less sense. Stop Work orders say exactly what the violation was. I'm actually on the side of the neighbor; OP seems super shady.

[Anonymous]

Anonymous wrote:

Anonymous wrote:If you did a deck with permits, you should have had a series of inspections throughout the course of the project. Each time the inspector stamps the papers.

This story does not make sense.

This, I'd reply to the inspector with copies of the stamped permits, cc'ing the inspector who stamped them, a supervisor and my ANC rep

The person who issued the Stop Work Order has access to these electronically.

Did you do final inspection? Did you have permits up in the window?

[Anonymous]

Any update OP?

[Anonymous]

Our neighbor had a permit to replace their deck.

Instead they put in a new deck that was twice the size of the old deck. The new deck also caused their lot occupancy to go up to 60% which is way above the allowed 40% and a level that would be very unlikely to ever get a formal approval.

After DCRA got involved it turned out the old deck had not been properly permitted in that it also caused the home to exceed the legal lot occupancy which requires going to the BZA which did not happen as required. As a compromise DCRA allowed them to modify the new deck to adhere to what the permit allowed which was a 1:1 replacement of the old deck which again was also illegal in that it never had the required BZA approval.

[Anonymous]

Anonymous wrote:Yes, I had a permit and I worked with the home-owners center at DCRA, so I thought I'd done everything I needed to do. I've had two additional contractors look at it and say there's nothing wrong structurally.

You need to send the inspector and supervisor copies of your permit, communication with DCRA and whomever built it needs to send paperwork specifying that the build complies with the permit.

[Anonymous]

There is a form to fill out within 15 of receiving one. Google dc stop work order.

[Anonymous]

This is the original poster-- here is my update: the deck is actually very small and low to the ground (it leads up to an existing brick porch). I didn't need anyone intermittent inspections. The neighbor got DCRA to issue a stop work order based on a provision of DC regulations that she is deliberating misinterpreting. I've filed the review request a long time ago but only got a checklist in response, basically telling me to comply with the stop work order. There is supposed to be a process for an administrative reviewer to go over the stop work order with me an either affirm it or agree to reverse it or modify it, but that just isn't happening-- I have emailed and called and never hear back. I also don't hear back from the inspector, although I spoke to the person above him who is basically just digging in and won't admit that they were wrong to issue the stop work order. Apparently, you can appeal the non-response from the administrative reviewer to an Office of Administrative hearings, but that sounds almost like going to court. I've tried talking to a couple of permit expediters but they either don't know what to do or aren't interested in such a small job. I am in limbo because I can't have any other work done while I still have this order.

[Anonymous]

Anonymous wrote:This is the original poster-- here is my update: the deck is actually very small and low to the ground (it leads up to an existing brick porch). I didn't need anyone intermittent inspections. The neighbor got DCRA to issue a stop work order based on a provision of DC regulations that she is deliberating misinterpreting. I've filed the review request a long time ago but only got a checklist in response, basically telling me to comply with the stop work order. There is supposed to be a process for an administrative reviewer to go over the stop work order with me an either affirm it or agree to reverse it or modify it, but that just isn't happening-- I have emailed and called and never hear back. I also don't hear back from the inspector, although I spoke to the person above him who is basically just digging in and won't admit that they were wrong to issue the stop work order. Apparently, you can appeal the non-response from the administrative reviewer to an Office of Administrative hearings, but that sounds almost like going to court. I've tried talking to a couple of permit expediters but they either don't know what to do or aren't interested in such a small job. I am in limbo because I can't have any other work done while I still have this order.

Sounds like you've got to appeal the non-response then. How could this be too small for a permit expediter? Those guys do small jobs almost by definition. We used one to get permits and paid a couple hundred bucks for him to spend a couple hours at DCRA. How much smaller can you get than that?

[Anonymous]

Anonymous wrote:This is the original poster-- here is my update: the deck is actually very small and low to the ground (it leads up to an existing brick porch). I didn't need anyone intermittent inspections. The neighbor got DCRA to issue a stop work order based on a provision of DC regulations that she is deliberating misinterpreting. I've filed the review request a long time ago but only got a checklist in response, basically telling me to comply with the stop work order. There is supposed to be a process for an administrative reviewer to go over the stop work order with me an either affirm it or agree to reverse it or modify it, but that just isn't happening-- I have emailed and called and never hear back. I also don't hear back from the inspector, although I spoke to the person above him who is basically just digging in and won't admit that they were wrong to issue the stop work order. Apparently, you can appeal the non-response from the administrative reviewer to an Office of Administrative hearings, but that sounds almost like going to court. I've tried talking to a couple of permit expediters but they either don't know what to do or aren't interested in such a small job. I am in limbo because I can't have any other work done while I still have this order.

Sounds like, since this is keeping you from moving forward with other planned work, you need to get either a permit expediter or a lawyer with expertise in this area with DC Gov involved.

[Anonymous]

I've called two permit expediters. One said they couldn't help; the other wanted to charge $3k to draw up the plans for what's wanted in the work order. I also tried an attorney, but it wasn't much help. It's been very hard to find someone experienced with appealing a stop work order, which is why I posted here, in case anyone had a referral.

[Anonymous]

Sounds like the neighbor’s issue isn’t as superfluous as you believe.

[Anonymous]

OP - it's time to get your ANC and/or council member's office involved. Contact your ANC rep or the constituent services office for your ward's council member. Explain the problem to them and ask them to help pull the right DCRA levers.

[Anonymous]

Anonymous wrote:OP - it's time to get your ANC and/or council member's office involved. Contact your ANC rep or the constituent services office for your ward's council member. Explain the problem to them and ask them to help pull the right DCRA levers.

This.

[Anonymous]

Anonymous wrote:This is the original poster-- here is my update: the deck is actually very small and low to the ground (it leads up to an existing brick porch). I didn't need anyone intermittent inspections. The neighbor got DCRA to issue a stop work order based on a provision of DC regulations that she is deliberating misinterpreting. I've filed the review request a long time ago but only got a checklist in response, basically telling me to comply with the stop work order. There is supposed to be a process for an administrative reviewer to go over the stop work order with me an either affirm it or agree to reverse it or modify it, but that just isn't happening-- I have emailed and called and never hear back. I also don't hear back from the inspector, although I spoke to the person above him who is basically just digging in and won't admit that they were wrong to issue the stop work order. Apparently, you can appeal the non-response from the administrative reviewer to an Office of Administrative hearings, but that sounds almost like going to court. I've tried talking to a couple of permit expediters but they either don't know what to do or aren't interested in such a small job. I am in limbo because I can't have any other work done while I still have this order.

Why do you assume the neighbor (and by inference the inspector) are misinterpreting code? It's clear that you are not a lawyer, so why assume that you are correct?