§ 153.192 DURATION OF GUARANTEE.

   (A)   All improvements within a development shall be guaranteed by the developer to be in satisfactory condition and in compliance with this chapter for a period of two years from the date of acceptance by the city.

       (1)   Prior to dedication and acceptance, the subdivider developer shall post a maintenance bond (or letter of credit) with the City Clerk in a form approved by the City Attorney.

      (2)   The bond shall be in an amount determined by the City Engineer to be sufficient to guarantee the satisfactory condition of the required improvements for a period of at least two years, generally 25% of the estimated construction costs.

   (C)   If at any time during the guarantee period any improvements are found to be defective, they shall be repaired or replaced at the subdivider/developer’s expense.

      (1)   If the subdivider/developer fails or refuses to pay the costs within 30 days after demand is made upon him or her by the Code Administrator, the city shall use the maintenance bond to make the necessary repairs/replacement.

      (2)   If the cost of repairs/replacement exceeds the bond amount, the subdivider/ developer shall be liable for the excess.

   (D)   At the end of the two-year guarantee period, the subdivider/developer shall request a final inspection of all subdivision improvements, by sending written notice to the city at least 30 days prior to the end of the period.

      (1)   The City Engineer and Code Administrator shall verify to the best of his or her ability that each improvement complies with the provisions of this chapter.

      (2)   The subdivider/developer shall be notified in writing of any improvements that are found to be defective, and shall repair or replace the deficiencies at his or her expense.

      (3)   When all improvements pass the final inspection, the city shall issue a letter releasing the subdivider/developer from any further responsibility for the improvements.

      (4)   Should the subdivider/developer fail to request a final inspection in writing at least 30 days prior to the end of the guarantee period, the guarantee period shall be extended until 30 days after such time as a request is received and the improvements are inspected and determined to be acceptable to the city.

(Ord. 2009-21, § 18.5-4-37, passed 10-5-2009; Ord. 2017-09, passed 5-1-2017)