Before any building, structure, or use that is subject to site plan review may be occupied, both the Building Official (for on-site improvements) and the City Engineer (for off-site improvements) shall have certified that all required improvements have been completed. Under special circumstances of hardship or conditions beyond the control of the applicant/developer, additional time may be granted by the applicable official for completion of required improvements provided that the following provisions are met:
(A) The time extension does not exceed six months.
(B) The site, use, and circulation system, both on and off-site are functional, and the temporary lack of such improvements is not detrimental to the health and safety of occupants, the general public, or the surrounding area.
(C) An agreement is entered into with the city and if deemed necessary, recorded.
(D) The agreement is secured by either cash deposited with the city, cash deposited in irrevocable escrow approved by the City Attorney, or other financial security approved by the City Attorney as the equivalent thereof. Such security shall be in the amount of 100% of the estimated cost of completion as determined by the Building Official in the case of on-site improvements and the City Engineer in the case of off-site improvements. In the event such work is not completed within the period provided, the city shall be authorized to take all necessary action to enforce the agreement, including the use of the security to cause the completion of all required improvements. Monies deposited with the city or in escrow may be partially released to the depositor by the Building Official in the case of on-site improvements and the City Engineer in the case of off-site improvements during the progress of the work, so long as the same ratio of security is maintained on the deposit to secure all uncompleted work.
('61 Code, § 10-3.4.0115) (Ord. 507 C.S., passed 10-19-88)