(a) Acceptance of Escrow Funds. Whenever, by reason of the season of the year, any lot improvements required by the subdivision regulations cannot be performed, the Building Commissioner may issue a certificate of occupancy, provided there is no danger to the health, safety, or general welfare upon accepting a cash escrow deposit in an amount to be determined by the City Engineer for the cost of the lot improvements. The subdivision improvement agreement and security covering the lot improvements shall remain in full force and effect.
(b) Procedures on Escrow Fund. All required improvements for which escrow monies have been accepted by the Building Commissioner at the time of issuance of a certificate of occupancy shall be installed by the subdivider within a period of nine (9) months from the date of deposit and issuance of the certificate of occupancy. If the improvements have not been properly installed at the end of the time period, the Building Commissioner, or his agent, shall give two (2) weeks written notice to the developer requiring it to install the improvements, and if they are not then installed properly, the Building Commissioner may request the Council to proceed to contract out the work for the installation of required improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the Building Commissioner, the developer shall obtain and file with the Building Commissioner prior to obtaining the certificate of occupancy a notarized statement from the purchaser or purchasers of the premises authorizing the Building Commissioner to install the improvements at the end of the nine month period if the improvements have not been duly installed by the subdivider.
(Ord. 2004-40. Passed 5-24-04.)