Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
There is no authorization for the HDC to obtain a stop work order for any reason in the LHDA, in the Clarkston Ordinance pertaining to the HDC, or in any other Clarkston ordinance. This section of the Charter Proposal expressly forbids the HDC from obtaining a stop work order, posting a stop work order, or convincing a third party to post a stop work order for HDC-related enforcement.
Notes:
The HDC has improperly and abusively used stop work orders on several occasions that I’m aware of. The example that should be most familiar to Clarkton residents (because it was the subject of multiple Clarkston News stories) was the stop work order issued against the property owners at Waldon and Main. This was former HDC chair Cara Catallo’s attempt to stop the property owners from complying with an earlier order from Clarkston’s ordinance enforcement officer demanding the property owners clean up the lot. Catallo’s misconduct resulted in significant expense for the property owners and Clarkston taxpayers.
If the HDC believes someone has undertaken work that affects the exterior of a resource without receiving a “Certificate of Appropriateness,” then MCL 399.205(12) of the LHDA, Section 152.07(M) of the Clarkston Ordinance, and Section 16.9(g) of the Charter Proposal allows the HDC to secure a “Restoration and Modification” order.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)