[Adopted 1-1-1981 by Ord. No. 80-23-780 as Ch. 132, Art. III, of the 1981 Code]
All improvement projects covered by this article
shall at all times be done and performed strictly in accordance with
the plans and specifications and under the supervision, control and
inspection of the Borough Engineer, who shall have full power and
jurisdiction to stop the same whenever, in his opinion, any part thereof
is not being done in accordance with any maps, plans, specifications
or contract or the provisions of any permit.
Upon being served with a notice to stop the
work, the applicant, permittee or persons performing the work shall
immediately stop and desist from any further work until the stop notice
is withdrawn. Failure to do so shall subject them to the penalties
provided in this Code, and each day's failure shall constitute a separate
violation.
The Borough Engineer shall immediately report
to the Mayor and Council the service of any notice to stop for appropriate
action.
The Mayor and Council shall thereafter summon
the contractor before it at a public hearing upon charges that he
has breached his contract, specifying the alleged breach. Should he
then be unable to justify the same and make satisfactory arrangements
for completion of the work, the Mayor and Council may declare the
contract breached and may thereafter resort to such remedies as are
provided by law and by the contract for such a breach.
The foregoing action provided in this article
shall in no way release any person from liability for prosecution
and penalties otherwise provided herein for a breach of the provisions
of any part of this article.
