[R.O. 2009 §21-130; Ord. No. 3090 §1, 10-1-1990]
The deposits required by this Article shall serve as security
for the repair of any damage to or removal of any litter from the
public streets and sidewalks in the City caused by the depositor's
employees, agents, contractors, subcontractors or materialmen, either
directly or indirectly, in connection with the depositor's project.
[R.O. 2009 §21-131; Ord. No. 3090 §1, 10-1-1990]
The provisions of this Article shall not be applicable to any
project under the direction of City Officials by employees of the
City or by any contractor or subcontractor of the City performing
work for and in behalf of the City.
[R.O. 2009 §21-132; Ord. No. 3090 §1, 10-1-1990]
This Article is not intended to, nor shall it supplant, any
existing ordinance or other regulation of the City, but shall be complementary
to such ordinances and regulations.
[R.O. 2009 §21-133; Ord. No. 3090 §1, 10-1-1990]
A.
Every
person using City streets or sidewalks in connection with the improvement
of real or personal property, including the erection and construction
of buildings and public or private streets, and every person engaged
in any project which may reasonably be expected to cause damage to
or cause any earth, mud, ice, rocks, gravel, sand, cement, concrete,
mortar, plaster or any other construction material or debris to be
deposited upon any public street or sidewalk in the City shall, prior
to beginning such project, in addition to any permit fees or other
deposits, deposit with the City cash in the amount of two percent
(2%) of the estimated cost of the project.
B.
When
the cash deposit is in excess of five thousand dollars ($5,000.00),
the person making the improvement may, in lieu of the cash deposit
set forth in this Section, file with the City Clerk/Administrator
a surety bond to secure repairs to the City streets and sidewalks
and the removal of any earth, mud, ice, rocks, gravel, sand, cement,
concrete, mortar, plaster or any other construction material, debris
or litter in a manner satisfactory to the City. Such bond shall run
to the benefit of the City, shall provide for the guarantee of performance
of the depositor's obligations herein and shall have such sureties
as are satisfactory to the City.
[R.O. 2009 §21-134; Ord. No. 3090 §1, 10-1-1990]
Any deposit required under the provisions of this Article shall
be made at the time of application for any permit which may be required
for such project or, in the event no permit is required, at least
twenty-four (24) hours prior to the time such project is begun. The
applicant shall enter into a memorandum of understanding on a form
approved by the City governing the use and release of deposits.
[R.O. 2009 §21-135; Ord. No. 3090 §1, 10-1-1990]
No permit shall be valid unless the cash deposit required under
the provisions of this Article has been made and a receipt therefor
attached to or noted upon such permit.
[R.O. 2009 §21-136; Ord. No. 3090 §1, 10-1-1990]
All cash deposits required to be made under the provisions of
this Article shall be deposited by the City in a separate account
established to receive only such deposits.
[R.O. 2009 §21-138; Ord. No. 3090 §1, 10-1-1990]
A.
All
damage done to City streets and sidewalks during the progress of a
depositor's project shall be repaired by the depositor. Materials
and standards for such repair shall conform with the requirements
of any applicable City ordinance or specification.
B.
If
the depositor, after being requested by the Director of Planning and
Development or his/her designee, fails to furnish the necessary labor
and materials for such repair, the Director of Planning and Development
is empowered to cause the necessary labor and materials to be furnished
by the City and the cost thereof shall be charged against and paid
for from the deposit required and established under the provisions
of this Article.
[R.O. 2009 §21-139; Ord. No. 3090 §1, 10-1-1990]
Any deposit, or the remainder thereof in the event of deduction
for damage to or cleaning of City streets or sidewalks, shall be returned
to the depositor upon order of the Board of Aldermen following application
therefor in writing by the depositor after the completion of the depositor's
project and after certification in writing by the Director of Planning
and Development or his/her designee that all repairs or cleaning required
of the depositor have been satisfactorily completed.
