(a) Prior to the issuance of a temporary or permanent certificate of occupancy is issued, the Zoning Administrator (or designee) may require, as a condition to the issuance of the certificate, the following:
(1) A deposit with the City Finance Department certified check, or irrevocable letter of credit covering the cost of improvements associated with the activity or project for which the certificate is sought.
(2) An agreement providing for an easement allowing the city access to the property to make the required improvement(s) associated with the activity or project for which the certificate is sought, if that becomes necessary.
(3) The applicant/developer/owner and City Administrator shall approve a development agreement on behalf of the City of Maumee which includes but is not limited to, timelines for planning and construction, building elevation, plans, city incentives, and surety.
(b) The applicant may propose to the Zoning Administrator (or designee) a schedule pursuant to which portions of the deposit are to be returned in relation to the ratio of work completed on the required improvements as work progresses. The Zoning Administrator (or designee) will review the proposal, and, if reasonable, may establish a schedule as submitted by the applicant or as modified as the Zoning Administrator (or designee) deems appropriate.
(c) In establishing the requirement for the performance guarantee, a specific number of days for completion of the improvements and the amount of the security shall be specified by the Zoning Administrator (or designee).
(d) If the improvements have not been completed on or before the date specified for completion by the Zoning Administrator (or designee), all or part of the performance guarantee posted by the applicant, as needed for completion may be utilized upon direction by City Council. Any and all costs incurred by the city in completing the improvements shall be taken from the performance guarantee. Any balance remaining following completion of the improvements shall be returned to the applicant.
(e) If the amount of the deposit is not sufficient to complete the project, the applicant shall be responsible for all deficiency. In addition, the applicant shall be responsible for all costs incurred by the city to enforce this section, including but not limited to court costs and reasonable attorneys fees.
(Ord. 093-2020. Passed 7-6-20.)