(a) All general building contractors of residential dwelling structures constructed in the City for sale purposes, including individual houses, condominiums, and/or multi-family units, shall, under the Municipality's Residential Structure Maintenance Guarantee Program, be responsible to the original purchaser for a period of up to two years from the date of issuance of the occupancy permit or certificate for correction of any defects and/or deficiencies in workmanship or materials as to only the following phases or aspects of construction as to each such unit or structure, including any attached or detached garages constructed at the same time: foundation walls and floors, interior and exterior structural components, roofs, ceilings, all electrical, plumbing and HVAC installations whether above or below ground, drainage systems, all utility lines and connections, and caulking, seaming and/or the installation of joints or joists.
(b) In addition to any other fee, permit or financial guarantee requirements within these Codified Ordinances, or imposed by State statutes, all general building contractors of residential dwelling structures constructed for sale purposes in the City shall pay a Maintenance Guarantee Program fee of six hundred dollars ($600.00) either prior to, or at the time of, obtaining an occupancy permit or certificate as to each such residential unit or structure. Such Program payments shall be deposited by the City in an escrow account, the cumulative funds of which may only by utilized to compensate original purchasers of newly constructed residential dwelling units or structures for their repair of defects or deficiencies within the terms of the Program. Such compensation awards may only be made to the purchaser in the event the particular unit or structures' general building contractor does not remedy the condition as a result of being unavailable or financially incapable of making such necessary repairs, or of reimbursing the purchaser for making such repairs. Before undertaking any corrective measures for which reimbursement will be sought, the purchaser must provide the contractor with at least ten days notice of such defects and/or deficiencies.
(c) The Residential Structure Maintenance Guarantee Program, and its related fee, shall not apply to any general building contractor of residential dwelling structures or units constructed in the City for sale purposes, which provides each original purchaser of any such structure or unit with a non-revocable, guaranteed warranty of at least two years duration protecting such purchaser against the workmanship or materials defects and/or deficiencies detailed in subsection (a) above. Any such warranty or revisions thereof, is subject to initial review by and approval of the City's Director of Law and the Administration.
(d) In the event any disputes may arise between general building contractors of residential dwelling units or structures, and the original purchaser of such units or structures, as to claims falling within the provisions of subsection (a) hereof, such disputes, if not resolved between the parties, shall--unless the parties mutually agree otherwise be submitted to and resolved by arbitration in accordance with the Construction Industry Arbitration Rules and Procedures established by the American Arbitration Association ("Association"). The building contractor and the owner shall equally divide the administrative fee of the Association as to such arbitration proceeding, with the owner being reimbursed for such fee amount paid in the event the arbitration panel decides the matter in the owner's favor. The dispute referred to arbitration shall be resolved by the Association on an expedited basis within thirty days after the date of acknowledgement by the Association of the arbitration demand, and the arbitration panel's award shall be final for all purposes.
(e) In addition to any other penalty provision within these Codified Ordinances that may apply to violations of this particular section, the certificate of registration of any general building contractor of residential dwelling structures constructed in the City shall be revoked or suspended under Section 1325.06, should such contractor fail to fully comply with the preceding subsections, or fail to fulfill any accepted or determined responsibilities or obligations as a result of defects or deficiencies in phases or aspects of construction included within subsection (a) hereof.
(Ord. 164-1922. Passed 12-15-92.)