(a) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify Council, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the City Engineer. Council shall, within ten days after receipt of such notice, direct and authorize the City Engineer to inspect all of the aforesaid improvements. The City Engineer shall, thereupon, file a report, in writing, with Council, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within thirty days after receipt by the City Engineer of the aforesaid authorization from Council, and such report shall be detailed and shall indicate approval or rejection of such improvements, either in whole or in part, and if such improvements, or any portion thereof, are not approved or are rejected by the City Engineer, such report shall contain a statement of reasons for such nonapproval or rejection.
(b) Council shall notify the developer, in writing, by certified or registered mail, of the action of Council with relation thereto.
(c) If Council or the City Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.
(d) If any portion of the improvements is not approved or is rejected by Council, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
(e) Nothing herein, however, shall be construed in limitation of the developer's right to contest or question, by legal proceedings or otherwise, any determination of Council or the City Engineer.
(f) Where reference is made herein to the City Engineer, he or she shall be a duly registered professional engineer employed by the Municipality or engaged as a consultant thereto.
(Ord. 4398. Passed 9-10-86.)