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Home My WebLink AboutORD 3539 .�* Amends Ordinances Nos. 2823 3483 2866 3o6, �3m8 CITY OF RENTON, WASHINGTON ORDINANCE NO .. 3539 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-2204. 14 OF.-.TITLE_1V (BUILDING REGULATIONS) AND_.:SECTION--- 9-1108 .. 21 OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE N0 . 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" RELATING TO DEFERRALS OF. REQUIRED IMPROVEMENTS . THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS ; SECTION I ; Existing subsection 14 of Section 4-220.4 of Title IV (.Building Regulations) of Ordinance No .. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read a.s follows : Section 4-220.4 14, as amended: Deferred Improvements , A. Bonds : If a developer wishes to defer certain on-site improvements for more than ninety (90) days after obtaining a certificate of occupancy , then written application shall be made to the Department of Public Works no later than fifteen (15) days prior to occupancy , Should the Board of Public Works so ruve , then full and complete engineering drawings shall be submitted as a condition precedent to the granting of any deferral . Upon approval by the Board of Public Works for such deferment , for good cause shown by the applicant , the applicant shall thereupon furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of the installation of the required improvements.. The decision of the Board of Public Works as to the amount of such bond shall be conclusive. B. Time Limit . Such bond shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Board of Public Works and if no time is so specified, then not later than one (1) year. The Board of Public Works shall annually review the deferred improvements and the amount of the bond,,. Should the Board of Public Works determine that any improvement need no_t he:_iris.tall-ed.itir�ediately, then the Board of Public Works may extend the deferral for an additional -1- period of time up to an additional year, Any improvement deferred for five (5) years shall be required to be installed or shall be waived; At the same time as the granting of any additional deferral, the bond for such deferral shall be reviewed and increased or decreased as the Board of Public Works shall deem necessary, but shall remain in an amount equal to a minimum of one hundred fifty percent (150%)_ of the estimated cost of the installation of the deferred improvement .. C. Check in Lieu of Bond.. The developer may substitute a certified or cashier ' s check in lieu of a performance. bond. Such check shall be made payable to the City of Renton and shall be in the same amount as the bond it is substituting . D. Proceed Against Bond.. The City reserves the right, in addition to all other remedies available to it by law, to proceed against such bond or other payment in lieu thereof without notice to the developer, In case of any suit or action to enforce any provisions of this Ordinance the developer shall pay unto the City all costs incidental to such litigation including reasonable attorney ' s fees . E . Binding Upon. Applicant , The requirement of the posting of any performance bond or other security therefor shall be binding on the applicant , his heirs , successors and assigns .. F. Whenever a bond has been accepted by the Board of Public Works , then no release of the owner or developer upon that bond shall be granted unless a new party will be obligated to perform the work and has agreed in writing to be responsible under the bond, and has provided a new bond. In the. instance where a_ new bond T,jould be provided by a Condominium Owners Association or Property Owners Association , then it shall be necessary for th-e Owners Association to have voted to a:s:,suine: the obl;igation before the City-'may acce.ptl the new bond, and a copy of the minutes of the Owners Association duly certified shall be filed along with the bond. The City shall not be required to permit a substitution of one party for another on any bond if the Board of Public Works ., after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when required. SECTION II : Existing subsection 21 of Section 9-1108 of Title IX (Public Ways and Property) of Ordinance No . 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows : Section 9-1108 21 , as amended: Deferred Improvements . No Final Plat shall be submitted to the Planning Commission or accepted by the City Council until all improvements are constructed in a satisfactory manner and approved by the responsible departments or a bond has been satisfactorily posted for deferred improvements . A. Bonds : If a developer wishes to defer certain on-site improvements for more than ninety (90) days after obtaining a certi- ficate of occupancy , then written application shall be made to the Department of Public Works no later than fifteen (15) days prior to occupancy. Should the Board of Public Works so rule , then full and m lete engineering drawings shall be submitted as a condition co b P �� g an precedent to the granting of deferral . Upon approval by the Board g y of Public Works for such deferment, for good cause shown by the applicant , the applicant shall thereupon furnish a performance bond to the City in an amount equal to a minimum of one hundred fifty percent (150%) of the estimated cost of the installation of the required improvements . The decision of the Board of Public Works as to the amount of such bond shall be conclusive. B . Time Limit : Such bond shall list the exact work that shall be performed by the applicant and shall specify that all of the deferred improvements shall be completed within the time specified by the Board of Public Works and if no time is so specified, then not later than one (1) year . The Board of Public Works shall annually review the deferred improvements and the amount of the bond. Should the Board of Public Works determine that any improvement need not be:.in- stalled .innediately;. they the Board of Public-. Works may extend the deferral for an additional period' of time up to an additional year . Any improvement deferred for five (5) years shall be required to be di :Y installed or shall be waived . At the same time as the granting of any additional deferral , the bond for such deferral shall be reviewed and increased or decreased as the Board of Public Works shall deem necessary, but shall remain in an amount equal to .a. minimum of one hundred fifty percent (_150.%)_ of the estimated cost of the installation of the deferred improvement .. O. Check in Lieu of Bond., The developer may substitute a certified or cashi.er' s check in lieu of a performance bond. Such. check shall be made payable to the City of Renton and shall be in the same amount as the bond it is substituting.., D. Proceed Against Bond: The City reserves the right , in addition to all other remedies available to it by law, to proceed against such. bond or other payment in lieu thereof without notice to the developer. In case of any suit or action to enforce any provisions of this Ordinance , the developer shall pay unto the City all costs incidental to such. litigation including reasonable attorney ' s fees .. E . Binding Upon Applicant . The. requirement of the posting of anv performance bond or other security therefor shall be binding on the applicant , his heirs , successors and assigns . F. Notification to Planning Department . The Board of Public Works shall notify the Planning Department in writing of the following : The improvements deferred, amount of bond or check deposited, time limit of bond or check, name of bonding company and any other pertinent information.. G. Whenever a bond has been accepted by the Board of Public Works , then no release of the owner or developer upon that bond shall be granted unless a new party will be obligated to perform the work as agreed in writing to be responsible under the bond, and has provided a new bond. In the instance where a new bond would be provided by a Condominium Owners Association or Property Owners Association, then it shall be necessary for the Owners Association to have vo.ted_. to. assume the obligation before the City :=mav accept the new bond, and a copy of the minutes of the Owners .Association duly certified shall be filed along with the bond. The City shall not be required to permit a substitution of one party for another on any bond if the Board of Pulbi.c Works, after full review, feels that the new owner does not provide sufficient security to the City that the improvements will be installed when red.uired. SECTION III : This ordinance shall be effective upon its. passage , approval and five days after its publiation, PASSED BY THE CITY COin-;CIL this 4th day of May 1981 Q. De ores A,, Mead, City Clerk APPROVED BY THE MAYORPrt9isenhith day of May ' l-981 . RichardM: Str'ediek '; M'ayox Pro tei Appred as t orm: Lawrence. Date ��F r_er�. ty._ :Attorney Date of Publication : May 8 , 1981