1309.06 DEPOSIT FOR DAMAGE TO PUBLIC PROPERTY.

   Whoever obtains a permit to construct a new building shall, at the time of issuance thereof, deposit with the Building Commissioner the sum of five hundred dollars ($500.00) in case of a single or two-family dwelling house, or a commercial or industrial building, and twenty-five dollars ($25.00) per dwelling unit, but not more than five hundred dollars ($500.00) per building, in the case of an apartment building of any kind, which shall be paid into the Treasury of the Municipality. The amount of the cash deposit shall be returned by the Finance Director to the permit holder when the building has been approved on final inspection. However, if in the process of such construction any damage has been done by the permit holder or any of his contractors, subcontractors, agents or employees or others under his control, to the public highways or other public property or the property of other persons, the amount of such damage as calculated by the Commissioner, together with any unpaid permit or inspection fees, shall be deducted from the amount of the deposit to be returned. If, in the course of such construction, mud, dirt, waste materials, rubbish or other debris is deposited on any dedicated or undedicated street or other public property and is not removed therefrom, within two hours after written notice to remove the same has been given by the Police Department to the permit holder, or his contractor, subcontractor, agent or employee, then the Municipality may cause such substances to be removed and the cost of such removal shall be deducted from the cash deposit. If during the course of construction the deductions made by the Municipality from the cash deposit by reason of repairing any damage or removal of any substance bring the amount of cash on deposit to less than five hundred dollars ($500.00), then the Commissioner may demand that the permit holder replenish the deficiency in the amount of the cash deposit so that it shall again be in the amount of five hundred dollars ($500.00); or on failure of the permit holder to replenish the funds within two days after such demand in writing by the Commissioner, the latter may revoke the permit or may stop construction until such time as the permit holder has complied with the demand. Whoever fails to comply with such demand within two days after it is made, shall be fined as provided in Section 1301.99.