(A) If, at any time following the period allowed to the subdivider to complete his or her obligations (§ 155.222(A)), the Director of Works and/or the MSD finds that the required improvements and reference monuments have not been installed or that they are not in good repair or that they are not functioning properly and also finds that it does not appear to his or her satisfaction that they will be completed within a reasonable time, considering the potential for harm, inconvenience, or annoyance to others, he or she shall recommend that the Planning Commission declare the obligation of the subdivider, as well as the obligation of any others who may appear to him or her to be responsible to be in default.
(B) Upon declaration of default, the Director of Works and/or the MSD shall collect such amounts from bonds or otherwise as is required to remedy the default. In the event that amounts available from bonds are sufficient to cover the costs of remedying the default, such bonds shall be collected and used in full or in such proportion as the Director of Works or the MSD determines to be just and equitable based upon apparent responsibility therefor. Anyone claiming to be aggrieved by such determination shall have, as his or her exclusive remedy, a cause of action for contribution or indemnity against the parties responsible for the default. The determination of the Director of Works or the MSD shall not be used as evidence in support of or against responsibility in such cause of action, and he or she shall not be made a party thereto.
(C) In the event that the Planning Commission has authorized bond forfeiture for any section(s) of a subdivision for which the applicant is responsible, no additional sections of the subdivision may be recorded until such time as the Metro Public Works Department notifies the Planning Commission that the roadway and drainage improvements for the previously recorded section(s) in accordance with the approved construction plans have been completed.
(LDC § 7.2.85)