95-049 Ordinance - Laserfiche WebLink

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(c) If, in the opinion of the Service Director, a hazard to the public exists because of the amount, type or condition of material in a street, the street may be immediately cleaned by the City, and the cost of the cleaning deducted from the permit holder's or developer's deposit without prior notification to the depositor of the violation. (d) If during the course of construction or improvements, the deductions for street cleanings made by the City reduce the deposit balance to less than twenty-five percent (25°/a) of the original deposit amount, the permit holder or developer who made the deposit shall make an additional deposit in order to bring the balance to not less than fifty percent (50%) of the original deposit amount. If such additional deposit is not made within three days after the depositor has been notified by the City Engineer or the Building Commissioner, the City may order all canstruction or improvement stopped until such time as the additional deposit is received. (e) As used in this section, the following terms shall have the following meanings: (1) "Permit holder or developer" means the permit holder or developer, and any of his employees, contractors, subcontractors, agents or materialmen. (2) "Street" means the street itself and any catch basin, inlet basin, manhole or sewer pipe appurtenant to such street. (f) Nothing contained in this section shall be construed to excuse or relieve any person or organization from criminal or civil liability arising out of a violation of any provision of Chapter 1343, or other provision of this Code." BE AND THE SAME IS HEREBY AMENDED AND AS AMENDED SHALL READ AS FOLLOWS: "1341.03 STREET CLEANING DEPOSIT AND FEE (a) Whenever a permit for a new building, or an addition to an existing building, is issued pursuant to Chapter 1321; or a deposit is made for the inspection of the improvements for a major subdivision pursuant to Section 1101.06, the applicant for such building permit or developer of such subdivision shall pay to the City Engineer a twenty-five ($25.00) fee, plus a deposit of two hundred fifty dollars ($250.00) for every one hundred thousand dollars ($100,000.) or fraction thereof of the total estimated cost of construction except as modified hereafter. In no case shall the required deposit exceed $10,000.00. The Service Director may at his discretion, reduce the maximum deposit required to $5,000.00 based on site conditions, recommendation of the City Engineer or other pertinent information. For building permits, the estimated cost of construction shall be not less than the value estimated by the Building Commissioner; and for subdivision improvements, the estimated cost of construction shall be not less than the value estimated by the City Engineer. The street cleaning fee and deposit shall be paid to the City Engineer prior to the issuance of a building permit and, with respect to a subdivision, prior to the commencement of any subdivision improvements, including soil removal. The City Engineer, upon the Building Commissioner's recommendation, may waive the street cleaning deposit for any building permit applicant who proposes to construct an accessory structure to a one-family or two-family dwelling. Any deposit, or portion of deposit, remaining after completion of the construction or the development, and approval by the City, shall be refunded to the applicant within thirty days thereafter. (b) Except as provided in subsection (c) hereof, upon receiving notice that a permit holder or developer, as described in subsection (a) hereof, has committed a violation of Sections