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Prior to the City Engineering Department's signature on a permanent certificate of occupancy, all improvements required herein shall be completed by the owner/developer. The owner/developer may, in lieu of actual construction, file with the city a financial guarantee. Financial guarantees provided in lieu of construction will only be permitted for a duration to be approved by the City Engineer. Failure on behalf of owner/developer to complete said requirements within the time frame approved by the City Engineer may result in the City exercising its rights to utilize funding available from the provided financial guarantee to complete said improvements. In instances where the owner/developer provides a financial guarantee in lieu of construction the owner/developer will only be granted a temporary certificate of occupancy. A permanent certificate of occupancy will not be granted until all required improvements are completed.
(1) Financial guarantees shall be in the form of:
A. Cash deposited with and held by the City pending final completion of the improvements as required in this article; or
B. Cash backed irrevocable letter of credit, drawn from a financial institution located within fifty (50) miles of the City, that has been submitted to and accepted by the City Engineer and is irrevocable until final completion of all required improvements as stated within this article;
C. Alternate forms of financial guarantee may be accepted by the City upon a finding by both the City Attorney and the City Engineer that such alternate form of financial guarantee is in the best interest of the City.
(2) Financial guarantees shall be submitted to and accepted by the City Engineer prior to the City Engineering Department's signature on the permanent certificate of occupancy.
(3) The financial guarantee shall be an amount equal to one hundred twenty- five percent (125%) of the City Engineer's estimate of cost on the remaining work as required in this article and shall include inflation, city bidding disadvantage and city project management.
A. Estimated cost on remaining work as required in this article shall be determined in part by detailed bids from the owner/developer's contractors as issued on said contractors' letterhead and submitted to the City Engineer and totaled. To that total, an allotment of five percent (5%) for inflation, ten percent (10%) for city bidding disadvantage, and twelve percent (12%) for city project management is figured and then added to the total bid amounts. Then one hundred twenty-five percent (125%) is calculated and that is the financial guarantee amount.
B. Remaining work as required in this article shall be determined by the Engineering Department in the form of a punchlist which shall be compiled by the Engineering Department following an inspection by the Engineering Department. Remaining work shall not include anything other than what is required in this article.
(4) The financial guarantee is good for twelve (12) months only. If construction of improvements as required in this article has not been completed within twelve (12) months of submittal of the financial guarantee, remaining work as required in this article shall be completed by the City and the construction costs recovered from the financial guarantee.
(5) Financial guarantees shall be written to allow the City to draw upon the financial guarantee at any time at the discretion of the City Engineer as well to allow multiple draws by the City.
(6) Financial guarantees shall not be released by the City unless and until all of the improvements as required in this article (including required dedications) have been completed by the owner/developer and accepted by the City Engineer and by any other applicable agencies or City departments responsible for acceptance and maintenance. (Ord. 2794, 7-20-2009; Ord. 3347, 5-17-2021)
Any improvements placed upon real property subject to this article without the developer and/or owner having complied with the terms and conditions of this article shall be considered a nuisance and the city may apply to the district court for an injunction ordering the cessation of all construction activity and/or the removal of all construction which occurred in violation of this article. (Ord. 2794, 7-20-2009; Ord. 3347, 5-17-2021)
The purpose of this article is to establish an appeals board to hear appeals to any decisions of the building official in his administration of duties set forth in this chapter. However, if a decision of the building official is made pursuant to an adopted international, model or uniform code, which code contains its own appellate procedures, such procedures shall be followed in the appeal of that decision, in lieu of those set forth herein. Nevertheless, any appeals board created under an international, model or uniform code shall look to this article for guidance and supplementation concerning appellate rules and procedure, to the extent this article is not inconsistent with said international, model or uniform code. (Ord. 2852, 12-20-2010)
There is hereby created the board of building appeals, hereinafter called the board, an administrative office of the city. The board shall consist of five (5) members, appointed by the mayor with the approval of the city council. No city officer or employee shall serve on the board. In making appointments the mayor shall consider integrity, impartiality and knowledge of building construction or other related fields. (Ord. 2852, 12-20-2010)
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