Before proceeding with the construction, enlargement, alteration, repair or removal of any building or other structure, when it is necessary or desired to cross any curb, tree lawn or sidewalk, the owner shall construct and maintain a plank driveway or such other temporary driveway as may be required by and with the approval of the Building Inspector, across and over the curb, tree lawns or sidewalk, so that the same shall not be injured or damaged.
Before the driveway is constructed, and at the time of securing a permit for the construction, enlargement, alteration, repair or removal of any building or other structure, the owner or his agent shall deposit with the Building Inspector the sum of three hundred dollars ($300.00) in the case of a single or two-family dwelling house, the sum of five hundred dollars ($500.00) in the case of a commercial or industrial building, and the sum of 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 sum shall be paid into the Treasury of the City, as a guarantee that the driveway will be constructed and maintained, and that all refuse, rubbish and material deposited or allowed to remain upon the site of such building or any other public or private real estate within the City in the course of such work, will be removed, and that if any curb, tree lawn or sidewalk, either at such building site or elsewhere within the City is disturbed or broken in the course of such work, they will be repaired at the cost and expense of the owner. Upon failure to perform any of the things so guaranteed to the satisfaction of the Building Inspector, the Building Inspector shall have such work performed and direct the Finance Director to pay the cost and expense thereof out of such fund so deposited, and in the event the sum so deposited shall not be sufficient to pay such cost and expense, the owner shall be liable to the City for any balance. In the event that, in the course of such construction, mud, dirt, waste materials, rubbish or other debris are deposited on any dedicated or undedicated street or other public property and are not removed therefrom, within two hours after written notice to remove the same has been given by the Division of Police to the permit holder, his contractor, subcontractor, agent or employee, then the City may cause such substances to be removed and the cost of such removal shall be deducted from such cash deposit.
In the event that during the course of construction the deductions made by the City from the cash deposit, by reason of repairing any damage or removal of any substance, bring the amount of the cash or deposit to less than the original deposit amount, then the Building Inspector may demand that the permit holder replenish the deficiency in the amount of the cash deposit so that it shall again be in the original amount. Upon failure of the permit holder to replenish the funds within two days after such demand in writing by the Building Inspector, the latter may revoke the permit and may stop construction until such time as the permit holder has complied with the demand.
In the event that the thing so guaranteed shall be performed to the reasonable approval of the Building Inspector, he shall deduct from the deposit a fee of twenty dollars ($20.00) for the performance of the work required by this chapter and shall direct the Director of Finance to return the balance of the deposit to the owner, subject to the other provisions of this chapter. Any part of the deposit remaining after the completion by the Building Inspector as above provided of any of the things so guaranteed, shall be returned to the owner by the Finance Director upon written request of the Building Inspector.
All replacements of curb or sidewalk shall be of the same material, dimensions and quality as the originals and notice shall be given to the Building Inspector before such replacements are installed. The Building Inspector may order any replacements removed which do not comply with the requirements and have the proper replacements made at the expense of the owner. If the Building Inspector shall have reason to believe that the cost and expense of performing all of the things so guaranteed will not exceed fifty dollars ($50.00), he may require that the deposit shall be fifty dollars ($50.00) instead of the original amount hereinabove mentioned. If no such deposit is requested by the Building Inspector, he shall require such owner to deposit a fee of twenty dollars ($20.00) for the purposes hereinabove set forth, with all of the requirements of this chapter.
On the completion of the work, the owner or his agent shall notify the Building Inspector to make an inspection of the premises to determine whether the deposit shall be refunded. The Building Inspector shall make such inspection promptly. If, due to the neglect of the owner, agent or contractor requesting the inspection, it becomes necessary to make more than one inspection before authorizing refund of the deposit, a fee of five dollars ($5.00) shall be charged for each inspection after the first. The Finance Director shall make all proper deductions and refund any balances of any deposits or collect any deficiencies upon written report or request of the Building Inspector.
(Ord. 26-78. Passed 2-14-78.)