(A) Enforcement of security.
(1) In the event that any improvements that were required have not been installed as provided in this chapter or the approved final plat or the development agreement, or in the event of the bankruptcy of the owner or developer, or in the event the performance security lapses in time before the required improvements are completed, then the Board of Commissioners is hereby granted the power to elect to enforce any security posted under this ordinance by appropriate legal and equitable remedies.
(a) Such remedies may include taking all actions necessary to ensure improvements are completed without cost to the county, including but not limited to:
1. Seizure of lots or escrow funds;
2. Revocation or suspension of county permits or suspension of issuance of any required county permits or occupancy certificates;
3. Non-release of performance securities;
4. Requirement for additional performance security;
5. Non-acceptance of improvements;
6. Removal, reconstruction or replacement of substandard improvements at the cost of the developer; and
7. Prosecution of a violation of this chapter.
(b) Construction without inspection. If required improvements have been completed without providing the county with proper opportunity for inspection, and as a result the county cannot determine whether the improvements were properly constructed, then the Board of Commissioners may require that the developer, at the developer's expense, remove, replace, sample, test or reconstruct the improvements as necessary to determine compliance with this chapter and other applicable county standards.
(2) Rate of construction. Failure of a developer to construct roads and other public improvements reasonably at the same time or prior to the construction of the buildings served by those roads or public improvements, and at the same rate in time at which buildings are completed, shall be a violation of this chapter and a cause for default of the security.
(B) Completion by county. If the proceeds of the security are insufficient to pay the cost of installing or correcting improvements covered by the security, and the county has at its option installed or corrected the improvements, then the county may institute appropriate legal or equitable action to recover the moneys necessary to complete the work.
(Ord. —, passed 6-24-1997)