A. Whenever construction is being performed in a manner contrary to the provisions of this Chapter, the City Manager, or an inspection official representing the City, may order the work stopped by notice in writing served on any person or Company engaged in or causing the construction. Any work stopped shall not resume until authorized in writing by the Director.

B. Upon the failure, refusal or neglect of a Company to cause any construction or repair, or comply with a permit under this Chapter, the City may cause such work to be completed in whole or in part, and recover its costs of doing so, as set forth in this Section.

C. Upon knowledge of a Company’s failure, refusal or neglect under Paragraph B, the City shall give the Company notice of default and a reasonable time, but not less than 20 days, to cure the default. If the Company does not cure the default or make substantial good faith efforts to do so within that period, the City may perform the work itself. Upon completion of that work, the City shall submit to the Company an itemized statement of costs, which shall be due no later than 30 days of billing.

D. Costs that may be recovered include, but are not limited to, administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Department or other agencies, boards, commissions, departments of the City, that were made necessary by reason of the emergency remediation undertaken by the Department. The cost of such work also may be deducted from the Company’s security fund.

E. Remediation by the City in accordance with this section shall not relieve the Company from responsibility or liability for subsequent conditions necessitating remediation.

F. The remedies available under this section shall be cumulative of any other remedies the City may seek under the provisions of this Chapter. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)