§ 28-51. Liability of subdivider.

(a)

A subdivider shall be held liable to the City for the completion of all site improvements required by these regulations until such time as the improvements shall have been actually completed and accepted by the City.

(b)

If the construction of site improvements has been guaranteed by a form of security described in section 28-49(a), and such improvements have not been completed and accepted by the City within the time period prescribed by these regulations, the City, after written notification has been given to the subdivider, shall take such action as may be required to cause payment to be made to the City of the amounts of money secured by a guarantee of performance. Such amounts of money shall be used by the City to finance the completion of the required improvements.

(c)

In the event that the amounts of money referred to above are insufficient to finance the completion of the required improvements, the City shall so notify the subdivider in writing and shall require the subdivider either to complete the improvements without delay or to make available to the City the amount of money required to finance their completion. Should the subdivider fail to do either of the above and such failure is not due to strikes, riots, acts of God, acts of public enemy, injunction or other court action, or any other cause similar to those enumerated beyond the subdivider's control, the City shall refer the matter to the City's Attorney for such action as the City's Attorney may deem appropriate to compel the subdivider to comply with the provisions of the performance agreement entered into by the subdivider as a condition precedent to the approval of the plat by the City, or to pursue any other remedy which may be available to the City. Further, until such time as the required site improvements have been completed and accepted by the City, the City shall refuse to accept from such subdivider a performance guarantee under any form which is related to the plat of a subdivision, subsequently filed with the City, in which such subdivider has a principal or subsidiary interest. Such a plat, once it has been approved by the City, may be recorded only in the manner prescribed in this chapter.

(d)

The provisions of this section shall not apply if a subdivider is prevented from completing and having accepted such required site improvements within the prescribed time by reason of strikes, riots, acts of God, acts of the public enemy, injunction or other cause similar to those enumerated beyond the subdivider's reasonable control. The subdivider shall be entitled to an extension of time equal to the time of such delay which shall be fixed by written certification made by the City. It is expressly declared that no such allowance of time will be made unless claimed by the subdivider and allowed and certified in writing by the City at the end period of such delay.

(Ord. No. 52, art. II, § 9, 5-20-1997; Ord. No. 100-01-12, § 1, 2-27-2012)

Editor's note

See editor's note to § 28-49.