Editor's note— Ord. No. O-2024-030, adopted September 3, 2024, deleted § 48-848, which pertained to violations, and derived from the 1988 Comp. Ords.; chapter 35 effective March 7, 1986; and an ordinance effective August 20, 1996.

Any building or structure which is erected, altered or converted, or any use of premises or land which is begun or changed subsequent to the time of passage of this ordinance and in violation of any of the provisions thereof is hereby declared to be a public nuisance per se, and may be abated by order of any court of competent jurisdiction.

(Comp. Ords. 1988, § 15.782(35.107); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

The owner of any building, structure, or premises or part thereof, where any condition in violation of this ordinance shall exist or shall be created, and who has assisted knowingly in the commission of such violation shall be guilty of a separate offense and upon conviction thereof shall be liable to the fines and imprisonment herein provided.

(Comp. Ords. 1988, § 15.783(35.108); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

A separate offense shall be deemed committed upon each day during or when a violation occurs or continues.

(Comp. Ords. 1988, § 15.784(35.109); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

The rights and remedies provided herein are cumulative and in addition to any other remedies provided by law.

(Comp. Ords. 1988, § 15.785(35.110); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)

Intent. To ensure compliance with the provisions of this ordinance and any conditions imposed thereunder, the City may require that a performance guarantee be deposited with the City Clerk to ensure faithful completion of improvements.

Improvements covered by the performance guarantee. As used in this section, improvements include those features and actions associated with a project which are considered necessary to protect the health, safety, and welfare of the residents of the City and future users or inhabitants of the proposed project or project area. Improvements shall include roadways, lighting, utilities, sidewalks, screening, parking areas, drainage, and similar features.

Performance guarantee. The performance guarantee shall meet the following requirements:

(a)

The performance guarantee may be in the form of a cash deposit, irrevocable bank letter of credit, certified check, or similar instrument acceptable to the City.

(b)

The performance guarantee shall be submitted to the City Clerk at the time of issuance of the permit authorizing the activity or project. The City shall deposit the funds in an interest-bearing account in a financial institution with which the City regularly conducts business.

(c)

The amount of the performance guarantee shall be sufficient to cover the estimated cost of improvements associated with a project for which site plan approval is sought.

(d)

The entire performance guarantee, including interest accrued, shall be returned to the applicant, upon satisfactory completion of the required improvements within the time limits specified in the ordinance. The applicant may request that the performance guarantee be returned as work progresses in reasonable proportion to the ratio of work completed on the required improvements.

(e)

An amount not less than ten percent of the total performance guarantee shall be retained for a period of at least one year after installation of landscape materials to ensure their proper maintenance and replacement, if necessary. This amount shall be released to the applicant upon certification by the Community Planning Department that all landscape materials are being maintained in good condition.

Unsatisfactory completion of improvements. Whenever required improvements are not installed in accordance with the standards or time limits of the ordinance, the City may complete the necessary improvements itself or by contract to any independent developer, and assess all costs of completing said improvements against the performance bond or other surety, including interest accrued on said bond or surety. Prior to completing said improvements, the City shall notify the owner, site plan review applicant, or other individual or firm responsible for installation and maintenance of the required improvements.

(Comp. Ords. 1988, § 15.786(35.111); chap. 35 eff. March 7, 1986; amended by ord. eff. Aug. 20, 1996)