§ 110-55. Maintenance.

The subdivider or person shall maintain all improvements in the subdivision to be dedicated to the county for a minimum of one year from the date of written notification by the county commencing the one-year maintenance period of such improvements and inspection and approval by the county of the method of installation, whichever is longer. No dedication of improvements shall be accepted by the county until the expiration of one year from such date and inspection and determination by the county at the expiration of such time that all the improvements are in first class condition and meet all county specifications and requirements under this chapter.

(1)

At the end of the maintenance period, the county may inspect the development, and shall inspect at the written request, submitted at the end of the tenth month of the maintenance period or thereafter prior to expiration of the maintenance period, by the subdivider or person. If the improvements to be dedicated are free from defects and comply with county specifications and requirements under this chapter, dedication of the improvements shall be accepted by the county for permanent maintenance by the county. The subdivider or person shall be notified in writing of the acceptance and any security shall be released.

(2)

If upon inspection as provided in subsection (1) of this section, the county determines that work or repairs are needed in order for the improvements to meet county specifications or requirements under this chapter, the subdivider or person shall be notified in writing by the department of the deficiencies, failure to comply or violations. Thereafter, the subdivider shall have 60 days from receipt of such notification to correct such deficiencies, noncompliance or violations. If the deficiencies, noncompliance or violations are not corrected within such time, then the maintenance bond, cash bond, letter of credit or equivalent form of approved security posted by the subdivider shall be forfeited and called upon up to the cost of the repairs or the total amount of the bond. Should the amount of the bond be inadequate to pay for the cost of correcting the deficiencies, noncompliance or violations, then the subdivider shall pay any and all costs beyond bond coverage.

(3)

The subdivider shall pay to the county for each inspection, subsequent to the initial inspection provided under subsection (1) of this section, a reinspection fee in an amount set from time to time by resolution of the board of commissioners to defray the cost of reinspection. A copy of the schedule of reinspection fees shall be maintained in the offices of the community development agency.

(4)

If a period of 18 months elapses from the commencement of the maintenance period for any subdivision and defects, noncompliance or violations still exist to the extent that the subdivision has not been accepted by the county, the county is authorized to withhold the issuance of any and all permits or to refuse inspection to any subdivider or person on the project in dispute or any other project in which the subdivider or person may have a financial interest, or both, who violates or fails to comply with this chapter.

(Ord. of 9-24-74, art. V(5.13); Ord. of 8-11-88, § 4; Ord. of 7-27-10)