§ 12-4-3. Removal of improper materials under grading or paving contract.

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All contracts for grading and paving any street or wharf shall contain a provision that if the contractor or any other person shall bring, or cause to be brought, on the street or wharf, any materials which do not strictly conform to the contract or city ordinances, the city engineer, or other proper officer of the city, shall, on behalf of the city, have the right to order the same to be removed forthwith from such street or wharf. In case of neglect or refusal of the contractor, or those employed by him or her, to remove such material, then the engineer may cause such material to be removed at the expense of the contractor, and to deduct the expense of such removal, and all other expenses thereon, from the account of the contractor.

(Code 1967, § 36-3; Code 1985, § 34-3)

                    
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