(A) (1) For uses subject to §§ 156.375 through 156.387, 156.400 through 156.412 or 156.425 through 156.433 of this chapter, any improvements required under this chapter, including, but not limited to, curb, gutter, sidewalk, fences, landscaping, streets, parking and flood-control requirements shall be satisfactorily installed prior to the issuance of a certificate of occupancy by the Building Division, or if a certificate of occupancy is not required, prior to the issuance of a business license for the land being developed. In lieu of actual completion of such improvements prior to the issuance of a certificate of occupancy or business license, a developer may file with the City Council a cash bond, surety bond, letter of credit or escrow agreement in an amount specified by the City Engineer to ensure completion of such improvements within one year. The bond may be extended by the City Council upon request.
(2) Upon completion of the improvements for which a bond or escrow agreement has been filed, the developer shall call for inspections of the improvements by the Community Development Department. Upon approval of the City Council following a recommendation of the Planning Commission, and in lieu of the bond requirements of this section, the builder or developer may be permitted to execute an agreement in a form acceptable to the City Attorney’s office, deferring any of the required improvements.
(B) Inspection shall be made within a reasonable time upon request. If the inspection shows the city standards and specifications have been met in the completion of such improvements, the bond or agreement shall be released within a reasonable time from the time of inspection. If the bond agreement is not released, refusal to release and the reasons therefor shall be given to the developer in writing within a reasonable time from the time of the inspection. The bond may be partially released based upon the percentage of completion of the required improvements.
(C) If the City Council determines that the issuance of a certificate of occupancy or a business license prior to completion of any required improvements may be injurious to the health, safety or welfare of the city or its inhabitants, it may refuse to accept a bond or deferral agreement in lieu of actual completion of required improvements or may limit the bond or agreement to a period of less than one year.
(Prior Code, § 29.01.150) (Ord. 07-13, passed 7-19-2007)