(A) Not more than six months nor less than four months prior to the expiration of the maintenance bond, the Board shall inspect the streets covered by the bond.
(B) If no deficiencies are found to exist, the Board shall notify the Marion County Department of Metropolitan Development in writing that it has no objection to the release of the maintenance bond. Failure of the Board to so notify the Marion County Department of Metropolitan Development prior to the expiration date of the bond shall be deemed the Board’s release of all claims against the bond.
(C) If deficiencies are found to exist, the following steps shall be taken.
(1) The Board shall notify the Department of Metropolitan Development, in writing by hand delivery, of the specific deficiencies, requesting that the release of the maintenance bond be withheld until it receives further notice in accordance with division (C)(5) below. It shall be the duty of the Department of Metropolitan Development to withhold the maintenance bond release until so notified. A copy of the notice shall also be transmitted by first-class United States mail to the bonding company by the Board.
(2) The Board shall notify the developer in writing by first-class United States mail of the specific deficiencies, requesting him or her to take necessary corrective action, and informing him or her that the maintenance bond release will be withheld until the deficiencies are corrected.
(3) If the developer has not acknowledged receipt of the deficiency notice and/or has not taken any corrective action within 60 days of the transmittal of the first notice pursuant to division (C)(2) above, the Board shall transmit to him or her by first-class United States mail a second and final notice containing the same information as the first notice.
(4) When the developer has corrected all deficiencies, he or she shall notify the Board in writing, and the Board shall make a new inspection within 14 days. If any deficiencies have not been corrected to the Board’s satisfaction, the Board shall notify the developer in the same manner as the original notice pursuant to division (C)(2) above and, if necessary, division (C)(3) above.
(5) In the event that the developer does not correct the deficiencies to the Board’s satisfaction, the Board shall be empowered to have the deficiencies corrected at its expense and to secure reimbursement thereof from the developer and/or the bonding company. Written notice of its intent to pursue this course of action shall be transmitted prior to taking the action to:
(a) The Department of Metropolitan Development by hand delivery; and
(b) The developer and the bonding company by first-class United States mail.
(6) When all deficiencies have been corrected to the Board’s satisfaction in accordance with the criteria in effect at the time of design approval, and any financial liabilities of the developer and/or bonding company arising pursuant to division (C)(5) above have been satisfied, the Board shall prepare a written document stating this fact and approving release of its interest in the maintenance bond. The document shall be transmitted to:
(a) The Department of Metropolitan Development by hand delivery; and
(b) The developer and the bonding company by first-class United States mail.
(D) Notice made in accordance with division (C) above shall be deemed constructive notice upon all affected parties, whether or not they actually receive the notice.