§ 52-55. Guarantee for temporary certificates.

(a)

Whenever any applicant seeks occupancy of premises prior to the completion of an approved site plan, building plan or the requirements of the city's ordinances, or when the applicant occupies the premises at the time of application for a certificate of compliance or building permit and continued occupancy is contemplated during the time to obtain the certificate of compliance or period of construction, the applicant shall deposit cash, a certified check, an irrevocable bank letter of credit or a corporate surety bond forfeitable to the city in an amount equal to the greater of either a minimum guarantee of $2,000.00 or a guarantee equal to 150 percent of the estimated cost of the remaining improvements pursuant to such plan, all applicable city construction and fire codes and ordinances and the requirements of this chapter or conditions imposed by the city. The estimate of such cost shall be solely at the discretion of either the city code official (building inspector) and/or the city engineer. The term "improvements" includes roadways, parking surfaces, lighting, utilities, sidewalks, screening, drainage and landscaping.

(b)

The cash deposit, certified check, irrevocable bank letter of credit or bond shall run to the city and shall automatically forfeit to the city by its terms and conditions, 15 days after notice is given to the applicant that the requirements imposed by the city, the site or building plan, zoning code or building or fire codes have not been met according to the terms of the temporary certificate of compliance. Notice shall be in writing and sent by first class mail to the last known address of the applicant. Thereafter, the city shall have the right to go onto the property and complete the construction in accordance with the site plan requirements with the funds available. The city may use any contractor or service it wishes to utilize in the completion of the construction. The city may retain 20 percent of the cost of such completion as the city construction administrative expense and refund any balance to the applicant. Notwithstanding the foregoing provision, the city is not required to complete the work and may require the applicant to do so. No part of an irrevocable bank letter of credit or surety bond shall be released to the applicant until all of the work is complete. In the case of a deposit of cash or a certified check, portions of the amount may be rebated as work progresses, at reasonable intervals, provided that at all times the amount on deposit equals the cost of the work to be completed. In the alternative, the applicant may assign the deposit held, less the required administrative expense amount, directly to the contractor employed by the applicant to complete the work. Such assignment shall be on the form provided by the city and cannot be revoked. The city shall disburse the funds according to the assignment as each item of work is completed and passes the required city inspections. The city shall not be liable for any disbursement made pursuant to the assignment or any dispute between the applicant and contractor concerning the quality of the work completed and passed by the city. The city shall not be required to complete the work and may, instead, return the guarantee so posted less five percent for administration expense and declare the building, structure or portion thereof incomplete and render it illegal to occupy the building, structure or portion thereof.

(Ord. No. 68-15, § 17.04, 10-22-1968; Ord. No. 2000-2, § 1(17.04F), 11-14-2000; Ord. No. 2004-01, § 1, 3-8-2005)