(a) Elect to repair. Within 30 days of the initial inspection or testing, or within 14 days of builder's acknowledgment of the notice of claim, whichever is later, the builder may elect to repair the construction defect. If the builder elects to repair the construction defect, it has the right to do so and the claimant may not, directly or indirectly, impair, impede or prohibit the builder from making repairs. Any notice to repair shall offer to compensate the claimant for all applicable expenses, if any, incurred by the claimant within the time frame set for repair, such as, without limitation, expenses for lodging if the repair requires the claimant to vacate his/her residence. Any notice of repair shall be accompanied by a detailed, step by step explanation of the particular construction defect being repaired and setting forth a reasonable completion date for the repair work. The notice shall also include the contact information for any contractors the builder intends to employ for the repairs.

(b) Schedule of repair work. Claimant shall promptly cooperate with builder to schedule repair work by builder.

(c) Written objection to repair. Within ten days after receipt of the builder's notice to repair, a claimant may deliver to the builder a written objection to the proposed repair if the claimant believes in good faith that the proposed repairs will not remedy the alleged construction defect. The builder may elect to modify the proposal, in whole or in part, in accordance with the claimant's objection, and proceed with the modified scope of work, or may proceed with the scope of work set forth in the original proposal.

(d) Builder's failure to comply. If the builder fails to send a notice to repair or otherwise strictly comply with this article within the specified time frames, or if the builder does not complete the repairs within the time set forth in the notice to repair, the claimant shall be released from the requirements of this article and may proceed with the filing of an action against the builder, unless notice and consent are required by section 22-711 of this Code. Notwithstanding the foregoing, if the builder notifies the claimant in writing at least five days before the stated completion date that the repair work will not be completed by the completion date, the builder shall be entitled to one reasonable extension of the completion date, not to exceed 60 days.

(e) Completion of repairs. The builder shall notify the claimant when repairs have been completed. The claimant shall have ten days following the completion date to have the premises inspected to verify that the repairs are complete and satisfactorily resolved the alleged construction defects. A claimant who believes in good faith that the repairs made do not resolve the construction defects may proceed with the filing of an action, unless notice and consent are required by section 22-711 of this Code.

(f) Claimant's failure to comply. If the claimant, directly or indirectly, impairs, impedes, or prohibits the builder from making repairs, the City or the builder may enforce the claimant's obligations under this article by an action in the district court of the county wherein the claimant's residence is located, and the City, acting through its building services division, may refuse to issue building permits to the claimant unless and until the claimant permits the builder to make repairs. (Ord. No. 2015-35, § 1, 9-14-2015)