At the expiration of the time limited for the repairs, without further complaint, and upon notice to the town as they deem reasonable, the commissioners shall determine if their order has been complied with by the town. If they find the town has failed to do the work ordered by them, and no appeal has been taken, they shall promptly appoint an agent to spend upon the highway the amount fixed in their report. They shall cause the agent to give a sufficient bond conditioned for the faithful performance of his or her duties and shall file in the county clerk's office a certificate, stating that their order had not been complied with, and that judgment should be entered against the town for the amount named in their report, and give the name of the person appointed to spend this amount. (Added 1985, No. 269 (Adj. Sess.), § 1.)