1311.17 PROPERTY DAMAGE DEPOSIT.

      Before proceeding with any new construction, including any additions, alterations or remodeling of existing structures, the owner or agent shall deposit with the City the sum of one thousand dollars ($1,000) for residential construction and one thousand dollars ($1,000) for commercial, industrial and conditional use construction. Such deposit shall be a guarantee for repair of any damage done to public or private property or of cleaning required to be done to public or private property by reason of the construction operation. The deposit required herein shall not be applicable to residential construction where the primary contractor is also the owner of the property on which the construction is to be performed.

      If any damage occurs to public or private property or if cleaning of public or private property is necessary during the construction operation, which shall not immediately be remedied by the owner or his agent, the City shall have the right, without notice to the owner or his agent, to repair the damage or do the cleaning and reimburse itself from such deposit for all expenses so incurred. In such event, the owner or agent shall, upon demand, immediately reimburse the deposit fund to bring it up to its full original amount. In the event the owner or agent fails to make such reimbursement, the Building Commissioner may issue an order stopping all work on the project until the reimbursement is made.

      After the construction work has been completed, and if the damage to public or private property has been repaired, and if the cleaning of public or private property has been done satisfactorily, the deposit shall be refunded.

      This section shall not preclude the City from prosecuting a civil action against the owner or agent or the person causing the damage to public property, or against the owner or agent or the person creating the necessity for cleaning public property if the cost of repairing the damage and the cost of cleaning is more than the deposit.

(Ord. 34-2020. Passed 12-8-20.)