The following sections of the Design Standards which contain enforcement clauses are herewith set forth in full and hereby enacted:

"SECTION 102.3 Enforcement

"The Town is authorized to enforce all provisions of these Standards and Specifications and may appoint an inspector or other authorized representative to act on the Town’s behalf.

"1.    Nonconformance Reports:

"a. A Nonconformance Report (NCR) will be issued to the Contractor for any defective materials, poor workmanship, or work not in conformance with the approved plans and other applicable criteria that is not immediately remedied by the Contractor.

"b. NCRs require a written response from the Contractor outlining the proposed corrective action(s) for the nonconforming item(s). Where rework or repair is necessary to bring the nonconforming item(s) into compliance, such rework or repair shall not commence until the NCR is approved by the Town Engineer.

"c. Repeated or unresolved NCRs shall be grounds for the Town to serve a stop work notice on the project. Construction acceptance on a project shall not be issued until all NCRs are resolved to the satisfaction of the Town Engineer.

"2.    Stop Work:

"a. In the event that any of the provisions of the accepted plans or other applicable criteria of the Town are violated by the Developer or any of the Developer’s Contractors or subcontractors, or significant changes to the accepted plans are made without the review and acceptance by the Town, or improvements are not constructed in accordance with the reviewed and accepted plans, the Town may serve written notice of the Town’s intention to stop work on the project. Unless the violations cease and satisfactory arrangements for correction(s) are made, the work shall be stopped immediately after serving written notice. In the event of any such termination, the Town shall immediately serve notice to the Developer and the Contractor. If not resolved within 30 days of the written notice, the Town may, at its sole discretion, take over the work and finish it at the expense of the Developer and/or Contractor.

"b. In addition, it may become necessary for the Town to immediately stop work on a project to protect the health, safety, and welfare of the citizens of the Town. Such instances may include, but are not limited to, the creation of a public safety hazard, lack of required permits, inadequate traffic control, or obstruction of an emergency access. The Town, or the Town’s authorized representative, has the authority to stop work immediately after the Contractor has been served with written notice as provided in this Section 102.3. The Contractor shall not resume work without written approval from the Town.

"3.    Liability: The Town, or the Town’s authorized representatives charged with the enforcement of these Standards and Specifications, acting in good faith, will not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by any reason of any act or omission in the discharge of their duties.

"4.    Noncriminal Violation: It shall be a noncriminal violation of these Design Standards for any person to do any act which is forbidden or declared to be unlawful, or to fail to do or perform any act required in these Design Standards.

"5.    Penalty: Any person, firm or corporation convicted of violating the terms or conditions of the Design Standards adopted hereby may be fined by an amount not to exceed five hundred dollars ($500.00). Each day during which such violation continues shall be deemed a separate charge."

"6.    Additional Remedies: In addition to any of the foregoing remedies, the Town Attorney, acting in behalf of the Town Board, may institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violations. The Remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies."