1309.061 LANDSCAPE CONTRACTORS DEPOSIT OR BOND.
(a) Before a landscape contractor commences any initial improvements or landscaping on the site of any new building or commences any work in altering the grade on any other property he shall deposit with the Building Commissioner the sum of three hundred dollars ($300.00). This deposit may be paid in cash by the contractor, by a certified check drawn on a solvent bank in Cuyahoga County, Ohio, or by a cash performance bond drawn by a surety licensed by the State of Ohio. Such deposit shall be a guarantee for repair, correction or reconstruction of rear yard and side yard swales in the event that they have not been constructed with the flow line set to the proper grade as indicated on the drawings approved by the Municipal Engineer.
(b) Prior to any seeding, sodding or installation of any nursery stock the landscape contractor shall contact the Building Commissioner to obtain an inspection of the work completed. If, upon inspection, the Commissioner determines that either or both the rear yard and side yard swales have not been constructed with the flow line set to the proper grade as indicated on the drawings approved by the Engineer, then the landscape contractor shall, immediately upon being notified by the Commissioner, repair, correct or reconstruct the swales in the manner indicated by the Engineer. If within seven days after being notified by the Commissioner the landscape contractor has not repaired, corrected or reconstructed the swales as indicated, then the Municipality shall have the right, without further notice to the landscape contractor and without notice to the owner of the property, to repair, correct or reconstruct the swales in accordance with the drawings approved by the Engineer and to reimburse itself from such deposit for all expenses so incurred.
(c) If, upon inspection, the Commissioner determines that the rear yard and side yard swales have been constructed with the flow line set to the proper grade as indicated on the drawings approved by the Engineer then the deposit shall be returned to the landscape contractor.
(d) This section shall not preclude the Municipality from prosecuting a civil action against the landscape contractor if the cost to repair, correct or reconstruct the swales is in excess of the deposit required herein.
(Ord. 80-61. Passed 10-20-80.)