Performance requirement

• A. A certificate of occupancy shall not be issued until all requirements of the development plan are met.

• B. Where required improvements are of a public nature that are to be subsequently accepted for dedication, maintenance, or operation by the city, and their installation has not been made, in whole or in part, the city may issue a certificate of occupancy provided the applicant furnishes the city a certified check, bond, letter of credit, or other acceptable form of surety satisfactory to the city solicitor. The surety is to be held by the finance director. Estimated construction costs shall be in accordance with the approved development plan and the amount thereof, subject to the approval of the city engineer or other designated official.

• C. Performance bonds or other sureties established in subsection B of this section shall be released when the city engineer or other designated city official certifies that the requirements set forth have been met.

• D. Where any improvement is to be accepted for dedication, maintenance, or operation by the city, the applicant may be required to provide a certified check, bond, letter of credit, or other acceptable form of surety in the amount of ten percent of the total costs of the improvements involved to cover the costs of any defects which may occur in such improvements within two years after the date of acceptance by the city. The director of public services shall be responsible for determining when such surety shall by required.

(Ord. No. 2018-08, § 1, 8-22-2018)