1105.08  MAINTENANCE PROCEDURES.
   (a)   Maintenance Prior to Acceptance.  Except as otherwise provided herein, during all times prior to acceptance of the improvements by the City, the applicant shall be responsible for routine maintenance of all improvements (including snow removal, sweeping roads and sidewalks, cleaning of storm sewers, and other maintenance activities) and shall repair all failures due to any cause as soon as they become apparent.
   (b)   Off-Site Debris and Damage.  The applicant shall remove any soil, gravel, debris, or other matter deposited as a result of subdivision or site development construction activities on or in public roads, ditches, sewers, or other public places and to repair damage resulting from such activities.
      (1)   Subdivision or site development construction activities shall include, but not be limited to, the operation of construction vehicles or the vehicles of construction employees. 
      (2)   Removal or repairs shall be made immediately upon notice by the Director of Engineering, Utilities, and Inspection or by the Director of Service. 
(3)   The Director of Engineering, Utilities, and Inspection may issue a Stop Work Order as provided by these Regulations when necessary to ensure removal or repair or to order the cessation of the activities causing the deposits or damage.
(4)   When the Director of Service determines it necessary to undertake removal or to make repairs resulting from construction activities, using personnel and equipment of the City or engaged by the City, the cost of such removal or repairs shall be deducted from any deposit established for that purpose by these Regulations.  The Director of Service is under no obligation to undertake removal or make repairs.
   (c)   Temporary Agreement for Road Maintenance.  At such time prior to acceptance of a road which is either opened for public use or upon which building permits are issued, the applicant shall enter into a time-limited agreement whereby the City will be responsible for road cleaning and snow plowing.  The agreement shall be negotiated and approved on behalf of the City by the Service Director and shall include such terms and  requirements for deposits to be paid by the applicant as the Service Director deems necessary. The purpose of this provision is to ensure safe passage upon public roads for the general public and access by public safety forces.
   Absent execution of and compliance with such agreement, public traffic shall not be permitted on a road which has not been accepted by the City and no building permits shall be issued for construction on lots which depend upon such road for access by public safety forces.
   (d)   Maintenance of Storm Water Facilities.  The applicant shall be responsible for maintaining all storm water improvements, including but not limited to ditches, storm sewers, catch basins, detention or retention basins until ownership of and responsibility for the storm water improvements is legally transferred to an entity approved by the City.
   (e)   Waiver of Liens.  The applicant shall, prior to the acceptance of improvements by the City, provide waiver of liens executed by all suppliers, contractors, and subcontractors who have provided materials or performed work related to the construction of the subdivision.
(Ord. 2004-013.  Passed 3-22-04.)