2016-096 Ordinance - Laserfiche WebLink

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EXHIBIT A: EXISTING CHAPTER 927 927.09 STREETS liTILITIES AND PtiBLIC SERVICES CODE 66P (d) If, after inspection, the City Engineer determines that a storm water system management system or sediment pollution control system is malfunctioning because of the accumulation of debris, lack of maintenance or repair or for any other reason, then the City Engineer shall notify the property owner or person in charge of the private property whereon the system is located to correct the situation within thirty days. If, after notification, the property owner or person in charge of such property fails to abate the adverse situation, then the City may either perform the work or cause work to be performed to have the adverse situation abated and thereafter bill the property owner for the cost of repair or maintenance. If the owner fails to pay the cost of such nuisance abatement, then the City may certify such costs to the County as a lien or special assessment upon the tax duplicate. Notwithstanding such nuisance abatement and/or assessment, the property owner shall remain subject to civil and/or criminal enforcement proceedings that may be commenced by the City. (e) An approved plan may be changed in the following cases: (1) Where inspection has revealed the inadequacy of the facilities installed to accomplish the storm water management and erosion and sediment control objectives of the approvedplan, appropriate modifications to correct the deficiencies of the plan shall be submitted to the City Engineer for approval by the person responsible for carrying out the plan; (2) Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other unexpected conditions the approved plan cannot be effectively carried out, proposed amendments to the plan, consistent with the requirements This Chapter, shall be submitted to the City Engineer and Planning and Design Commission for approval. (Ord. 2012-76. Passed 10-23-12.) 927.09 PERFORMANCE BOND. Prior to the issuance of any permits for construction which would require a storm water management or sediment control plan, the owner must execute and file with the City Engineer a performance bond, secured as hereinafter required. (a) Form of Bond. The performance bond shall be conditioned upon proper installation of all improvements required by this Chapter, according to the approved schedule, plans and specifications. The City shall have the right, in the event of default, to install the required improvements after first giving ten (10) days written notice to the owner, to proceed against the owner and against any surety on the bond for the cost thereof and to apply to the cost of such improvements any funds deposited with the City or in escrow as security for performance of the conditions of the bond. The bond shall further provide that the owner shall hold harmless the City, its officers and employees from all claims, demands and causes of action of every nature and description arising out of the installation of such improvements within the owner's property, conditions existing during the construction or installation of such improvements and all damages to neighboring property, including, without limitations, damages resulting from increase in surface water flowing from the property and all claims arising out of changes to natural ditches or drainage courses. The terms "claims, demands and causes of actions," shall include all expenses of defending against such claims, demands and causes of action, including fees payable to attorneys and expert witnesses, wages paid to City employees while occupied in defense of such claims, demands and causes of actions and wages or salaries reimbursed by the City to City officers to compensate them for wages and salaries lost while engaged in such defense. The form of each performance bond shall be approved in writing by the Director of Law.