A. If the subdivider, its assigns or successors in interest, sell or convey lots in a subdivision without constructing or installing the public improvements, the city shall have the right to install and construct such improvements. The costs of such improvements shall be a lien and charge against all the lots in the subdivision under the provisions of the code of Iowa, as amended, except the cost of installing sidewalks which shall be a lien only against the lot or lots abutting or in front of which sidewalks are installed. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by state law for assessing such improvements. The requirement to construct such improvements is and shall remain a lien from the date of final plat approval until properly released by the city.
B. When required improvements have been installed to the satisfaction of the city, the city will, upon request, promptly issue to the subdivider, for recording in the county recorder's office, a good and sufficient release to various lots in such subdivisions so that this section will not constitute a cloud upon the title of the lots in the subdivision. However, with regard to the subdivider's obligation to construct stormwater management facilities, the provisions of subsections B1 and B2 of this section, apply.
1. With respect to a subdivider's obligation to construct stormwater management facilities, the city shall provide a partial release for the development from any liens or clouds on title to the development by reason of such stormwater management obligations, provided the city engineer certifies that the following conditions and/or events have occurred:
a. The facilities have been substantially completed;
b. An escrow amount has been established with the city in an amount approved by the city engineer, to which the city's lien should attach immediately upon execution or recording of the partial release.
2. The city agrees to issue a total release for the facilities upon certification by the city engineer, in writing, that all of the following events and/or conditions have been substantially completed:
a. Permanent ground cover is established and mowable;
b. Erosion and sedimentation are controlled in conformance with the approved plans and specifications;
c. The facilities are complete;
d. All land within the tributary area in the development, or a lesser amount of land as approved by the city engineer, has been developed. (Ord. 08-4313, 8-26-2008)