Ordinance 1674-90 - Laserfiche WebLink

• c. 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. 7. 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 provided per the above, 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. 8. Use of proceeds - Emergency Work by the City: If at any time the Planning/Community Development Director determines that actions or inaction associated with any assurance device have 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 above, while still minimizing or avoiding the effects 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 , by return receipt requested, within four (4 ) 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. 9. Use of Proceeds - Refund of Excess, Charge for all Costs: The property owner 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 a performance device remaining after subtracting all costs related to doing the work covered by the device. The owner of the subject property 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 the amount of any excess. 10. Itemized Statement: In each case where the City uses any of the proceeds of the device, it shall give the owner of the subject property an itemized statement of all proceeds and funds used. WILDLIFE a. If any site work will occur during nesting season, prior to issuance of permits for any phase, the Applicant must hire a wildlife expert to determine if pileated woodpeckers are nesting on the property. The wildlife expert shall submit a written report to the Planning Department prior to the issuance of any 12