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Any person performing any activities stated in §§ 152.01 and 152.02, for which a permit is required, shall furnish the village with a cash bond in an amount equal to the estimated cost of the improvements plus 25%. If such work performed does not meet the requirements and specifications of the Director of Public Works (as stated in § 152.04), said Director shall give written notice to the person responsible to make the required changes within 15 days. If such corrections are not made within this period, the village shall execute under the terms of the bond and make the corrections as it deems necessary.
(Prior Code, Ch. 13 § 1305) (Res. R-2019.7, passed 5-21-2019)
(A) For the purpose of this chapter, an emergency disturbance shall be defined as any construction, reconstruction, excavation, or cutting of any village street, road, or road right-of-way (paved or unpaved) necessitated by the following circumstances:
(1) Unexpected water main breakage;
(2) Unexpected sewer line breakage;
(3) Unexpected power failures resulting from an interruption of underground power cables; or
(4) Unexpected cable television failure resulting from an interruption of underground cables.
(B) In the event of any emergency disturbance, §§ 152.01, 152.02, 152.03, and 152.06 shall be waived so that any necessary work can begin; however, said waiver of requirements shall not exceed 66 hours from the time said work is initiated. In addition, the issuance of a permit and the posting of a performance bond shall be required, as stated in this chapter, before the relevant contractor can complete the finish work as prescribed in § 152.04.
(Prior Code, Ch. 13 § 1306)
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals, and general welfare of the village with specific regard to the preservation of property values and enhancement of the unique setting of the village. It is not intended to interfere with or abrogate or annul other rules, regulations, or ordinances of the village, or any easement, covenants, or other agreements between parties. However, if the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances of the village or with easements, covenants, or agreements between parties, the more restrictive or that imposing the higher standards shall govern.
(Prior Code, Ch. 13 § 1307)
(A) The village shall use any or all powers granted to it by G.S. § 160A-175 for enforcing this chapter. A civil penalty in the amount of $1,000 shall be assessed for any violation of this chapter concerning a paved or gravel village street unless sufficient bond has been established and posted with the village. This provision supersedes § 10.99.
(B) Upon the issuance of a notice of violation or citation, the Village Manager may suspend any other permits or approvals issued to the violator, including the issuance of a stop-work order, until such time as the violation is cured and any civil penalty paid. An active appeal of the violation to the appropriate village authority shall operate as a stay of the suspension of the permits and approvals, unless the Village Manager determines that allowing the work to continue would constitute a danger to health, life, safety, or property.
(C) In the event there is an outstanding penalty amount or unresolved violation of this chapter, the village may require the violation to be remedied as a condition for the issuance of any subsequent permit or approval.
(Prior Code, Ch. 13 § 1309) (Res. R-2019.7, passed 5-21-2019; Res. R-2021.9, passed 6-22-2021; Res. R-2023.3, passed 7-18-2023)