A. Violations: Any permit may be revoked or suspended and a stop order issued by the town engineer, after notice to the permittee for:
1. Violation of any condition of the permit, the security or of any provision of this chapter;
2. Violation of any provision of any other ordinance of the town or law relating to the work; or
3. Existence of any condition or the doing of any act which does constitute, may constitute, or cause a condition endangering life or property.
B. Immediate Effect Upon Notice: A suspension or revocation by the town engineer, and a stop order, shall take effect immediately upon entry thereof by the town engineer and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the town engineer has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.
C. Notice Of Default: Whenever the town engineer finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety on the bond, if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the town engineer to be reasonably necessary for the completion of the work.
D. Performance Of Work By Town: In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the town for the cost of doing the work, as set forth in the notice, the town may perform the work, at the discretion of the town engineer, with town forces or contract forces, or both, and suit may be commenced by the town attorney against the contractor and bonding company and such other persons as may be liable, to recover the entire amount due to the town, including attorney fees, on account thereof. In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any. (Ord. 10-02, 2-2-2010)