A. Deposit Required: Prior to the commencement of any building or construction project of a total construction value in excess of ten thousand dollars ($10,000.00); or any construction project requiring a permit from the building department which includes any significant exterior alterations or site work, including, but not limited to, additions, decks, utility line installations, pools, patios, or driveways; or any project requiring the delivery of construction materials by the use of vehicles larger than passenger vehicles or pickup trucks (collectively "work"), the property owner or the person intending to do or undertake such work ("the principal") shall be required to make a cash deposit with the village in the sum of one thousand dollars ($1,000.00) to protect and indemnify the village against any and all damage or injury to any village or public property, structure, equipment or facility including, but not limited to, streets, curbs, sidewalks, parkway trees and vegetation.
B. Procedure To Remedy Damage: If at any time the building commissioner determines that the principal caused damage to public property, structure, facility or equipment as a result of work, the building commissioner shall, in writing by certified mail, return receipt requested, notify the principal and the owner of the subject property of such damage and the requirements for correction of such damage. If the damage has not been corrected within thirty (30) days of the mailing of the building commissioner's request for correction, a second request for correction shall be sent by certified mail, return receipt requested, to the principal and the owner of the subject property.
C. Abatement By Village: Unless full compliance is achieved within thirty (30) days from the date of receipt of the second certified mail, the village may proceed to perform or cause to be performed such work as the building commissioner deems necessary, utilizing the cash deposit to offset the village costs; provided, however, any such damage or injury in excess of the sum of such cash deposit shall remain and continue to be the joint and several obligation of the principal and the owner of the subject property. The village may, in addition to utilizing the cash deposit required hereby, take any and all additional actions that may be available to enforce all applicable codes, ordinances, and regulations of the village and to recover any damages done by the principal or by any subcontractor of the principal or by the work.
D. Recovery For Damages Unlimited: The cash deposit provided herein is in addition to any other such actions and shall not be construed as a limit on the amount of damages that may be recovered by the village or any other person or as a limit on any other remedy or penalty provided by any code, ordinance, or regulation of the village or otherwise by law. Upon satisfactory completion of the work, the village shall refund the balance of the deposit less amounts required to pay damages or injury. (Ord. 96-22, 8-26-1996)