1311.22  GRADE COMPLIANCE DEPOSIT.
   (a)     Before proceeding with any new construction, the owner or agent shall deposit with the City the sum of two thousand dollars ($2,000) for residential construction including new inground swimming pools and five thousand dollars ($5,000) for commercial, industrial and conditional use construction.  This deposit shall be a guarantee of compliance with the topographical grade plan as set by the City Engineer.
 
   (b)     A rough grade inspection by the City Engineer is required prior to the commencement of landscaping.  Upon the completion of the final grade and landscaping of the property, the owner or agent shall notify the Building Commissioner who shall cause the City Engineer to inspect the property to determine compliance with the grade plan.
   (c)     Upon certification by the City Engineer that the grade complies with the grade plan.  Contracted rate
            (1)     There shall be a contracted rate grade compliance deposit required for replacement of existing lawns, of which contracted rate shall be retained as an inspection fee.
   (d)     If the grade does not comply, the Building Commissioner shall order the owner to comply within a reasonable time, not to exceed six months.
   (e)     If the owner fails to comply with the order of the Building Commissioner within the allotted time period, the City may enter the property and perform the work necessary to bring the grade into compliance with the grade plan.  The deposit shall be applied to the cost of the work, and any cost in excess of the deposit shall be charged to the owner.
   (f)     This section shall not preclude the City from prosecuting a criminal action against the owner or agent pursuant to Section 1301.99, or a civil action for damage to public property.  (Ord. 34-2020.  Passed 12-8-20.)