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1309.061 BUILDING CODE 18 <br />that the permit holder replenish the deficiency in the amount of the cash deposit so that it <br />shall again be in the amount of five hundred dollars ($500.00); or on failure of the permit <br />holder to replenish the funds within two days after such demand in writing by the <br />Commissioner, the latter may revoke the permit or may stop construction until such <br />time as the permit holder has complied with the demand. Whoever fails~to comply with. <br />such demand within two days after it is made, shall be fined as provided in Section <br />1301.99. <br />1309.061 LANDSCAPE CONTRACTORS DEPOSIT OR BOND. <br />(a) Before a landscape contractor commences any initial improvements or landscaping <br />on the site of any new building or commences any work in altering the grade on any other <br />property he shall deposit with the Building Commissioner the 'sum of three hundred dollars <br />($300.00). This deposit may be paid in cash by the contractor, by a certified check drawn <br />on ~a solvent bank in Cuyahoga County, Ohio, or by a cash performance bond drawn by a <br />surety licensed by the State of Ohio. Such deposit shall be a guarantee for repair, <br />correction or reconstruction of rear yard and side yard swales in the event that they have <br />not been constructed with the flow line set to the proper grade as indicated on the drawings <br />approved by the Municipal Engineer. <br />(b) Prior to any seeding, sodding or installation of any nursery stock the landscape <br />contractor shall contact the Building Commissioner to obtain an inspection of the work <br />completed. If, upon inspection, the Commissioner determines that either or both the rear <br />yard and side yard swales have not been constructed with the flow line set to the proper <br />grade as indicated on the drawings approved by the Engineer, then the landscape contractor <br />shall, immediately upon being notified by the Commissioner,. repair, correct or reconstruct <br />the swales in the manner indicated by the Engineer. If within seven days ,after being <br />notified by the Commissioner the landscape contractor has not repaired, corrected or <br />reconstructed the swales as indicated, then the Municipality shall have the right, without <br />further notice to the landscape contractor and without notice to the owner of the property, <br />to repair, correct or reconstruct the swales in accordance with the drawings approved by <br />the Engineer and to reimburse itself from such deposit for all expenses so incurred. <br />(c) If, upon inspection,, the Commissioner determines that the rear yard and side <br />yard swales have been constructed with the flow line set to the proper grade as indicated on. <br />the drawings approved by the Engineer then the deposit. shall be returned to the landscape <br />contractor. <br />(d) This section shall not preclude the Municipality from prosecuting a civil action <br />against the landscape contractor if the cost to repair, correct or reconstruct the swales is <br />in excess of the deposit required herein. (Ord.. 80-61. Passed 10-20-80. ) <br />1309.07 CHARGE FOR PROFESSIONAL SERVICES. <br />In addition to any other fees or deposits required by this or any other ordinance <br />of the Municipality, the Building Commissioner shall charge and collect a deposit of <br />two hundred fifty dollars ($250.00) to reimburse the Municipality for expenses incurred <br />for additional or supplemental engineering, legal or other professional services rendered, <br />which the Municipality, Council, . or any commissions deem necessary as a part of its <br />consideration of any application for. a building permit; to review preliminary or final <br />site development plans or in the consideration of an application for' rezoning. <br />1988 Replacement <br />