(A) Inspection required. During the preparation of land and the installation of general improvements, periodic inspections shall be made to ensure conformity with the approved plans, specifications and standards. Appropriate agencies of the state and the city may make inspections at any time during the progress of work. All improvements required by these regulations shall be inspected prior to acceptance by the city. Where inspections are made by individuals or agencies, other than the Code Enforcement Officer, the applicant shall provide the Code Enforcement Officer with written reports of each final inspection.
(B) Inspection schedule. The applicant shall notify the Code Enforcement Officer of the commencement of construction of improvements 24 hours prior thereto. Inspections are required at each of the following stages of construction or as otherwise determined through an owner contract or development improvement agreement:
(1) Site grading/erosion control completion;
(2) Underground utility installation;
(3) Subgrade preparation prior to aggregate base installation;
(4) Aggregate base compaction;
(5) Concrete curb and gutter installation;
(6) Bituminous binder placing; and
(7) Final surfacing prior to seal coat.
(C) Compliance with standards. The applicant or the bonded construction contractor shall bear full and final responsibility for the installation and construction of all required improvements according to the provisions of these regulations and the standards and specifications of other public agencies.
(D) Acceptance.
(1) Approval of the installation and construction of improvements by the Code Enforcement Officer shall not constitute acceptance by the city of the improvement for dedication purposes. The installation of improvements in any subdivision shall in no case serve to bind the city to accept such improvements for maintenance, repair or operation thereof. Such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.
(2) The city shall not have any responsibility with respect to any street or other improvement, notwithstanding the use of same by the public, unless the street or other improvements have been accepted.
(3) When improvements have been constructed in accordance with the requirements and conditions of these regulations and the specifications of this chapter, and the applicant has submitted as-built reproducibles to the Code Enforcement Officer, the Code Enforcement Officer shall accept the improvements for maintenance by the city; except that, this shall not apply to improvements maintained by another entity.
(4) The provisions shall not relieve the subdivider or the subdivider’s agent or contractor of any responsibility in notifying any agency for the city of completed work and formal request for inspection of same. The approving authorities having jurisdiction shall inspect and approve all completed work prior to the release of any applied performance sureties.
(E) Site cleanup.
(1) The applicant shall be responsible for removal of all equipment, material and general construction debris from the subdivision and from any lot, street, public way or property therein or adjacent thereto.
(2) Dumping of such debris into sewers, onto adjacent property or onto other land in the city is prohibited.
(F) Failure to complete improvements. If a subdivision improvement agreement has been executed, and security has been posted and required public improvements are not installed pursuant to the terms of the agreement, the Code Enforcement Officer may:
(1) Declare the agreement to be in default and require that all public improvements be installed regardless of the extent of completion of the development at the time the agreement is declared to be in default;
(2) Obtain funds pursuant to the surety and complete the public improvements by themselves or through a third party;
(3) Assign its right to receive funds pursuant to the surety in whole or in part to any third party, including a subsequent owner of the subdivision or addition for whom the public improvements were not constructed, in exchange for the subsequent owner’s agreement to complete the required public improvements; and/or
(4) Exercise any other rights available under the law.
(Ord. 3020, passed 9-10-2013, § 4.35.6)