(A) Not less than ninety (90) days and not more than one hundred and fifty (150) days prior to the expiration of the two (2) year maintenance period, the applicant shall request the city to review, reinspect and retest the public improvement, at the applicant's expense, for purposes of final acceptance of the improvement for maintenance purposes.
(1) Such retesting shall be based upon standards, practices and procedures that are generally utilized in the industry that pertain to the public improvement sought to be accepted.
(2) If the public improvement is determined to be acceptable, the City Council shall consider adoption of a final resolution accepting the maintenance of the improvements specifically listed in the resolution and establish the effective date as the termination of the two (2) year maintenance period.
(3) If the public improvement is determined to be unacceptable, the City Manager shall have the following options:
(a) Recommendation to the City Council that they invoke the posted maintenance bond or security;
(b) Direction of the city staff to continue working with the applicant on a correction list to complete the improvement at the applicant's expense;
(c) Recommendation that the City Council take any other action it may deem appropriate, including the rejection or tabling of the request.
(B) In the event an applicant fails to either request review of the applicable improvement or complete the required corrections under this section within the appropriate time, such applicant will be required to post and additional one (1) year maintenance bond or security. If the applicant fails to post such a bond or security within thirty (30) days before expiration of the existing bond or security, the City Council may rescind its prior resolution accepting construction of the improvements, invoke the posted maintenance bond or security, if appropriate, and the applicant shall be required to recommence beginning with the requirements as established in § 182.03.
('74 Code, § 19½-28) (Ord. 82-24, passed 7-1-82)