(a) The subdivider shall be in default of his performance bond when one of the following conditions exists:
(1) The installation of all required public improvements as called for in the Subdivision Regulations has not taken place within the two-year time period agreed upon in the subdivider's agreement with the City, and the subdivider has failed to establish reasonable cause for such delay to the satisfaction of the Planning Commission and thereby to receive a time extension.
(2) The subdivider has not constructed the required public improvements in accordance with the minimum standards specified in Chapter 1109, and the subdivider is unwilling to modify and to upgrade such public improvements within a six-month time period so as to be in compliance with the provisions of these Regulations.
(b) The subdivider shall be in default of his maintenance bond when the required public improvements have not been properly maintained over the two-year period following the actual date that Council accepts the dedication of the public improvements so that these public improvements meet fully all of the requirements under the terms of these Regulations; or when the required public improvements are not in accordance with the "as-built" plans submitted by the subdivider to the City.
(Ord. 1974-99. Passed 10-22-74.)