5.3.19. DEVELOPMENT IMPROVEMENT GUARANTEES.
Where this UDO requires that public improvements be constructed and installed, the City may require development improvement guarantees as described in this Section 146-5.3.19.
A. Improvements Required Before Certificates of Occupancy.
1. No certificate of occupancy shall be issued until one of the following has occurred:
a. All public improvements are in place as approved by the City Engineer on the civil engineering construction plans or as required by an approved phasing plan, to be determined by the City Engineer;
b. A deferral has been issued by the City; pursuant to Section 146-5.3.19.B. below; or
c. The City has received an approved method of security for noncritical public improvements.
B. Deferrals.
1. Criteria. A written deferral relating to a property owner's duty to construct public improvements may be granted by the Director of Public Works. To grant a deferral, the Director of Public Works must determine that installation of public improvements would:
a. Create a safety, drainage, traffic or other hazard or be impractical;
b. Be impractical at the time of issuance of the certificate of occupancy because of the physical characteristics of the land; or
c. Be more efficiently constructed at the time of development of adjacent parcels.
2. Limitations. All deferrals shall run with the land and shall not be effective until recorded by the City with the county clerk and recorder. The granting of a deferral shall not impair the City's authority to place public improvements through an improvement district or any other method authorized by law. The party receiving a deferral shall sign an agreement with the City stating that the party shall commence construction of the public improvements, or deposit with the City financial security for the installation of the required public improvements, within six months of the time written notice is provided by the City via certified mail or such other period of time as shall be established.
C. Method of Security. The City shall be authorized to require financial security for the purpose of assuring that all public improvements are installed in accordance with the approved civil engineering construction plan. Financial security shall be provided in the form of a cash bond in an amount as set forth in Section 146-5.3.19.D, including all costs of engineering, legal services, advertisement and collection. Cash bonds may be in the form of a cashier's check, bank draft, certified check, or bank money order. A certificate of deposit is not an accepted form of a cash bond. Cash bonds shall be deposited into the City treasury.
D. Amount of Security. The amount of security required to be posted under Section 146-5.3.19.C shall equal two times the estimated cost of the public improvements, as calculated by the City Engineer.
E. Forfeiture of Security.
1. If a property owner fails to properly install all required public improvements within the time-frame established by the City, the City shall give10 days' written notice to the property owner by certified mail, after which time the City may draw on the security and use the funds to complete the required public improvements.
2. After completing the required public improvements, the City shall provide a complete accounting of expenditures to the property owner and refund all unused security deposited, without interest, to the property owner.
F. Other Available Remedies. In addition to forfeiture of security, the City shall be authorized to use those remedies and enforcement powers of Section 146-5.6 (Enforcement and Penalties) if a property owner fails to install required public improvements. (Ord. No. 2019-49 § 1, 08-19-2019)