1101.10   OBLIGATIONS OF OWNER; BOND; VIOLATION OF PROVISIONS.
   In consideration of the approval of the Construction and Grading Plans, the owner of the land being developed shall be subject to the following regulations:
   (a)   No lot, parcel or tract shall be transferred from the proposed development nor shall any construction work on such development, including tree removal and grading, be started that may affect the arrangements of public streets or other public improvements until the owner has obtained the necessary approvals of the Construction and Grading Plans and obtained the necessary tree removal approvals from the Service Director, his or her designee or the Urban Forester;
(Ord. C18-99. Passed 7-6-99.)
   (b)   No conveyance shall be made of any lot or parcel smaller in frontage or area than indicated on the plat except for the purpose of increasing the area of another lot;
   (c)   All construction work and materials used in connection with improvements shall conform to the requirements of the City and be installed under the City Engineer's general supervision at no expense to the City;
   (d)   The Engineer shall be notified in writing three days before any construction is to begin.  The Service Director, his or her designee or the Urban Forester shall be notified in writing three business days before any tree removal is to begin;
(Ord. C18-99. Passed 7-6-99.)
   (e)   The owner shall hold the City free and harmless from any and all claims for damage of every nature arising or growing out of the construction of improvements or resulting from improvements and shall defend, at his own cost and expense, any suit or action brought against the City by reason thereof, except such liability of the City resulting from its sole negligence;
   (f)   All improvements and utilities will be satisfactorily installed within one year from the date of approval of the Construction Plans or within such time schedule as presented and approved by Council;
(Ord. C60-73. Passed 8-6-73.)
   (g)   Upon filing of the plat or easements for public improvements, the construction of the public improvements shall be guaranteed by filing with the City evidence satisfactory to the Director of Public Service of one of the following:
      (1)   A performance bond equal to the estimated construction cost as approved by the City Engineer for the public improvements;
      (2)   A certified check equal to fifty percent of the estimated construction cost as approved by the City Engineer for the public improvement; or
      (3)   Subject to the approval of the Director of Finance, a certification to the City by the institution, person or corporation financing the construction of the public improvements stipulating that the funds in the amount of the estimated construction cost are available and set aside from all other funds;
      That these funds will not be released to the owner, developer, or their agent, unless a release is signed by the City;
      That such release by the City only certifies that as best as the City can determine, the construction was completed to the City's satisfaction and does not relieve the owner and/or developer of the City's maintenance guarantee requirement;
      That ten percent of all moneys released will be placed in an escrow account for use by the City should there be cause for the City to have to finish any work through the default, neglect or negligence of the owner, developer, or their agents;
      That only the City shall have the right to release the funds in the escrow account; and
      That acceptance of the public improvements by the City and the posting of the one year maintenance guarantee shall constitute release of the funds in the escrow account lacking any formal release by the City.
(Ord. C44-77. Passed 5-16-77.)
   (h)   All permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements;
   (i)   During construction and prior to acceptance of any public improvement, the owner shall remove or cause to be removed such dirt and debris and foreign matter from all public rights of way, improvements and/or easements as were deposited, left or resulted from the construction of improvements of any nature within the development, within twenty-four hours after being notified by the City that such work is required. Such removal shall be done to the satisfaction of the Director of Public Service;
   (j)   Execute a development agreement in such form and on such terms and conditions as specified by the Engineer and Director of Law;
   (k)   No person or owner shall violate any of the regulations established in this section and upon violation the City shall have the right to:
      (1)   Stop all work on the development site forthwith;
      (2)   Hold the bonding company responsible for the completion of the public improvement according to the approved construction drawing and the agreement;
      (3)   Use the certified check, if any, or proceeds thereof, for the purpose stated in subsection (k)(2); (Ord. C60-73. Passed 8-6-73.)
      (4)   Use the funds in the escrow account to continue any unfinished work or replace any unaccepted work to a point that to the satisfaction of the Director of Public Service all public improvements will not create a health or safety hazard or create maintenance or repair expense to the city because of their state of completion.
(Ord. C 42-75. Passed 6-23-75.)
      (5)   Proceed in the manner described and the penalties provided for in Section 1103.99.
(Ord. C 60-73. Passed 8-6-73.)