Goochland appeals board upholds stop-work order for Big Daddy's Oilville project

The Goochland County Board of Building Code Appeals voted May 6 to uphold a March 6 notice of violation and accompanying stop-work order issued by the county's building official against Big Daddy's Oilville Office Land Holding Corporation, after hearing testimony from the appellant, county counsel and the building official.

The board's decision came after an extended hearing in which appellant Evan Weiner, managing member of Big Daddy's, argued the notice of violation failed to meet statutory requirements because it did not state the conditions and corrective actions needed to resume work. "The notice of violation does not include any instructions about what we need to do to resolve the issues," Weiner said, summarizing the appellant's central complaint that several NOV items reflected documentation problems rather than structural defects.

County Attorney Tara McGee and Building Official Casey Littlefield countered that the record contained multiple notices, EnerGov entries and third-party reports showing unresolved deficiencies. McGee told the board staff had prepared a 32-item record and a building official's report documenting the outstanding items. Littlefield said stalled communication and a refusal to provide required documentation prompted issuance of the NOV and stop-work order: under the code, "the building official shall issue a written notice of violation to the permit holder if any violations ... have not been corrected or complied with within a reasonable time," he testified.

The hearing reviewed several technical points disputed by the parties: whether interior plans had been properly approved and stamped, the distinction between files uploaded to the county's EnerGov permit system and materials sent by email, and whether third-party compaction and soils testing established the required bearing capacity for footings. The pre-engineered metal building plans submitted to the county called for footings designed for 1,500 pounds per square foot, while a soils report in the record indicated a site bearing capacity of 2,000 pounds per square foot; Littlefield said the county needed documentation verifying how infill and compaction had been placed and tested.

Littlefield also pointed to a February letter in which Weiner revoked general permission for county employees to enter the property and to a subsequent mandamus filing; county staff documented the posting, removal and reposting of the stop-work order on-site. McGee argued that the appellant's refusal to allow inspections and the absence of required EnerGov-submitted third-party documentation justified the NOV.

Weiner acknowledged communication missteps and the emotional toll of the dispute, and said some documentation (third-party compaction reports and photos of lift placement) exists and could be submitted to resolve outstanding items. He also said he had withdrawn one earlier appeal related to the retaining wall portion of the case to focus on the NOV and the stop-work order.

After closing remarks, the board took separate motions on each appealed item and voted to uphold the building official's decisions. Roll-call votes recorded aye votes and no recorded dissent. The motions to uphold the building official were moved and seconded and carried by unanimous vote.

The board's rulings leave the stop-work order and the notice of violation in effect while specific corrections and required documentation are provided and verified; Littlefield said the permit is on hold pending satisfactory submission of third-party reports and other materials through EnerGov. The board adjourned at the conclusion of the votes.