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<br />Ordinance No. 2006-16 <br />3. Maintenance Guarantee: The maintenance guarantee shall be maintained for a period of <br />not less than (two) 2 years after final acceptance of the storm water, soil erosion, <br />sediment control, and water quality practices in an amount equal to 20% of the deposit <br />required for the Performance Guarantee. <br />4. Time Extension: The City of North Olmsted Engineer may extend the time allowed for <br />the installation of the improvements for which the performance guarantee has been <br />provided with the receipt of a written request from the owner. <br />5. Completion: Upon completion of the construction of improvements or temporary and/or <br />permanent, soil erosion, sediment control, and water quality practices and the removal of <br />the temporary soil erosion, sediment control, and water quality practices for which the <br />performance guarantee has been provided the owner shall notify the City of North <br />Olmsted Engineer of this fact. <br />6. Inspection: The City of North Olmsted will not release the Security Bond, Escrow <br />Account, Verified Check or Cash guarantee until the City of North Olmsted Engineer has <br />inspected the site to ensure that the guaranteed item(s) have been completed and/or <br />removed. <br />7. Release: The Construction Maintenance Guarantee shall not be released by the City of <br />North Olmsted until all temporary soil erosion and sediment control practices that are no <br />longer needed have been removed, properly disposed of and any trapped sediment has <br />been stabilized. <br />928.14 NO RELIEF FROM LIABILITY. Neither submission of a plan under the <br />provisions herein, nor compliance with the provisions of these regulations, shall relieve any <br />person or entity from responsibility for damage to any person or property that is otherwise <br />imposed by law. <br />928.15 CONFLICTS, SEVERABILITY, NUISANCES AND RESPONSIBILITY. <br />(a) Where this ordinance imposes a greater restriction upon land than is imposed or <br />required by other City of North Olmsted provisions of law, ordinance, contract or deed, the <br />provisions of this ordinance shall prevail. <br />(b) If a court of competent jurisdiction declares any clause, section, or provision of these <br />regulations invalid or unconstitutional, the validity of the remainder shall not be affected thereby. <br />(c) These regulations shall not be construed as authorizing any person to maintain a <br />private or public nuisance on their property. Compliance with the provisions of this regulation <br />shall not be a defense in any action to abate such nuisance. <br />(d) Failure of the City of North Olmsted to observe or recognize hazardous or unsightly <br />conditions or to recommend corrective measures shall not relieve the owner from the <br />responsibility for the condition or damage resulting there from, and shall not result in the City of <br />23 <br />