The purpose of this section is to provide an owner with an option to the above requirements that would allow for occupation of a property prior to approval of landscaping. This section does not relieve the owner of placement of landscaping in accordance with the above requirements.
(A) Requirements. In the event that an approved plan for residence is completed, excepting only landscaping and/or grading requirement, a conditional certificate of occupancy may be issued upon receipt of a request stating:
(1) The builder, homeowner, or subcontractor responsible for grading or landscaping intends to complete the uncompleted work within 30 days (or within 90 days or by June 1, whichever is earlier, if the request is dated between December 1 and April 1);
(2) The builder or homeowner will voluntarily provide, with the request, a $1,000 cash deposit (or certified check) in exchange for the conditional certificate of occupancy; and
(3) The builder or homeowner will give the city and its agents the right to enter the property at the city's sole option to complete the uncompleted work, limited to sodding and seeding only, if said work is not completed within the time limit set (this right shall survive the closing of any sale or transfer of the property).
(B) Violation - Penalty. If the uncompleted work is not completed within the time limit set based on division (A)(1), the city may, at its sole option, complete the work or have it completed and refund any remaining money to the builder or homeowner, as appropriate. Acceptance of a builder's or homeowner's deposit creates no liability for the city to complete any uncompleted work.
(C) Obligation. Builders are under no obligation to participate in this option of conditional certificate of occupancy. If they prefer, they may simply complete all work shown on the approved plan and receive a final certificate of occupancy.
(Ord. O-52-03, passed 11-4-03)