(a) If, for any reason, should the proposed work be done, or is being done or is proposed to be done in a manner other than specified in the application and/or the Village Engineer's recommendations, the Engineer shall send written notice to the applicant, specifying where the applicant has failed to comply and give him five days to correct the defeasance, If the applicant fails to correct the defeasance within five days, the Engineer may, at his option, consider the Engineer's Permit void and cause the work to be completed in accordance with the applicant and/or the Village Engineer's recommendations and forfeit the bond to the extent of the cost to the Village for the work performed.
(Ord. 951. Passed 4-15-68.)
(b) In the event the Engineer determines the manner in which the applicant is performing such work has created an emergency situation wherein Village and/or private property or personnel is being endangered or damaged by such performance, then the Engineer is authorized to notify the applicant to stop work immediately. The notification may be verbal, to be followed by an order to be issued in writing; shall be effective upon its issuance; and shall be considered a stop work order, the violation of which may be enjoined by the Village upon proper application to the appropriate court.
(c) In the event the status of the work at the time such stop work order is issued is such that a clear and present danger to Village personnel or property exists, the Village may undertake any appropriate measure to alleviate potential danger and the costs for all such measures shall be borne by the applicant, including but not limited to engineering fees, materials, labor and all other costs.
(d) The applicant may appeal such stop work order to Council which shall thereafter decide such appeal within fourteen days after the filing of such appeal with the Village Clerk. If the applicant fails to satisfy Council that it may safely and appropriately complete the work, then the Engineer's permit shall be declared void and Council shall cause the work to be completed in accordance with the Engineer s recommendations at the applicant's costs.
(Ord. 1574-89. Passed 8-21-89.)