(a) If, for any reason, the proposed work is done, is being done, or is proposed to be done in a manner other than that specified in the approved application and/or the Engineer's recommendations, the Building Inspector shall send written notice to the applicant, specifying where the applicant has failed to comply, and give him five days to correct the deficiency. If the applicant fails to correct the deficiency within five days, the Building Inspector may, at his option, consider the right-of-way permit void and cause the work to be completed in accordance with the approved application and/or the Engineer's recommendations and forfeit the bond to the extent of the cost to the Village of the work performed.
(b) In the event the Building Inspector 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 Building Inspector 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 Fiscal Officer. If the applicant fails to satisfy Council that it may safely and appropriately complete the work, then the right-of-way permit shall be declared void and Council shall cause the work to be completed in accordance with the approved application and/or the Engineer’s recommendations, at the applicant’s costs.
(Ord. 1993-2. Passed 1-11-93.)