Ordinance 3774-20 - Laserfiche WebLink

H. Use of proceeds—Notice to applicant. If during the period of time covered by a maintenance assurance device or after the date by which the required work or improvements are to completed under a performance assurance device,the planning director determines that the work or improvements have not been satisfactorily maintained or completed, he/she shall notify the applicant.The notice should contain substantially the following information: 1. A statement that the work must be done or the improvement must be made to comply with the requirements of the assurance device; 2. A statement setting forth the amount of time that the applicant has to commence and complete the required work or improvements;and 3. A statement that,if the work or improvements are not commenced and completed within the time specified,the city will use the proceeds of the assurance device to have the required work or improvements completed. I. Use of proceeds—Work by the city. If the work or improvements covered by the assurance device are not completed within the time specified in the notice given under subsection I-I,the city shall obtain the proceeds of the device and do the work or make the improvements covered by the device.The city may either have employees of the city do the work or make the improvements or, have a contractor do the work or make the improvements. J. Use of proceeds—Emergency work by city. If at any time the planning director determines that an action or inaction associated with any assurance device has created an emergency situation endangering the public health,safety or welfare,creating a potential liability for the city,or endangering city streets, utilities or property;and,if the nature or timing of such an emergency precludes the notification of applicants as provided in subsection H of this section while still minimizing or avoiding the affects of the emergency,the city may use the assurance device to correct the emergency situation.The city may either have employees of the city do the work or make the improvements or may have a contractor do the work or make the improvements. If the city uses the assurance device as provided by this section, the applicant shall be notified by certified mail,return receipt requested,with four working days of the commencement of emergency work.The notice must state the work that was completed and the nature or timing of the emergency that necessitated the use of the assurance device without prior notification. K. Use of proceeds—Refund of excess,charge for all costs. The applicant is responsible for all costs incurred by the city in doing the work and making the improvements covered by the assurance device.The city shall release or refund any proceeds of an assurance device remaining after subtracting all costs related to doing the work covered by the device.The applicant shall reimburse the city for any amount expended by the city that exceeds the proceeds of the device.The city is entitled to file a lien against the subject property for which the assurance device was issued for the amount of any excess which the city expends in doing the work or making the improvements. L. Itemized statement. In each case where the city uses any of the proceeds of the device, it shall give the applicant an itemized statement of all proceeds and funds used. 19.41.080 Validity. Should any section,subsection,paragraph,sentence,clause or phrase of this title or its application to any person or situation be declared unconstitutional or invalid for any reason,such decision shall not affect the validity of the remaining portions of this title or its application to any other person or situation.The city council of the city declares that it would have adopted this title and each section,subsection,sentence,clause,phrase or portion thereof irrespective of the fact that any one or more sections,subsections,sentences,clauses, phrases or portions be declared invalid or unconstitutional. Ch.19.41 General Authority and Requirements 6 City Council Action(11/04/2020)