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Sec. 28-43. Construction by town; lien on property; indemnity bond.
   (a)   The town council may, without petition of abutting property owners, require the construction, reconstruction, alteration or repair of sidewalks in conformity with the provisions of the town charter.
   (b)   If any of such improvements are required of a property owner and the property owner shall fail or refuse to make the same within 30 days after notice thereof, the town council may cause such improvements to be made and assess the cost thereof against the property abutting the improvement. In making and collecting assessments for such improvements, the procedure outlined in G.S. Ch. 160A, art. 10 (G.S. 160A-216 et seq.) shall be followed to the extent that the same is not in conflict with the town Charter. In the event of conflict in the provisions of the General Statutes and the Charter, the provisions of the Charter shall control.
   (c)   As a condition of the issuance of a permit for such improvements (in addition to the other requirements of this chapter, when such work is to be done either by a person employed by the owner of the property abutting the improvement, or by the town under contract, upon failure of such owner to do the required work, after notice), the person making the improvement shall be required to enter into a continuing indemnity bond, with sufficient surety, upon condition that such work will be done in conformity with the standards established by the town and that the town will be indemnified for any damages it might sustain as a result of the breach of such condition. The damages payable to the town shall be the amount required to make such sidewalk conform to such town standards. The penalty of the bond shall be $1,000.00, but the amount of damages recoverable by the town from the person failing to perform the work in conformity with the town standards shall not be limited to the penalty of the bond.
(Code 1976, § 14-12; Code 1982, § 17-17; Ord. No. 06-008, 4-27-2006)