ORDINANCE NO. 7-17-2007A

AN ORDINANCE AMENDING TITLE 6 OF THE CITY CODE OF THE CITY OF CEDAR HILLS, UTAH.

            WHEREAS, the City Council of the City of Cedar Hills has determined that it is in the best interest of the City of Cedar Hills and the residents thereof to enact certain amendments to Title 6 of the City Code.

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILLS, UTAH COUNTY, STATE OF UTAH:

PART I

AMENDMENTS

SECTION 1.Section 6-2-4, Maintenance of Public Improvements During Construction, Financial Guarantee, Paragraphs B and C, are amended to read as follows:

            6-2-4:  FINANCIAL GUARANTEE

                        B.        Release of Guarantee:

                                    1.         At the time of final inspection of the structure and after landscaping is in place per ordinance, and at the request of the permit holder for a bond release inspection, the building inspector shall inspect the quality of public improvements appurtenant to said lot. If the quality of said improvements is found adequate, the building inspector may authorize a release of the guarantee.

                                    2.         However, if said improvements show evidence of damages, the building inspector shall inform the permittee of those facilities or sections that must be replaced. The City shall withhold the financial guarantee until said improvements have been replaced or repaired. All repairs shall comply with City standards.

                        C.        Default: If, within nine (9) months after a Certificate of Occupancy is granted, replacement or repair has not taken place, or the bond release inspection is not requested by permittee, the bond shall be declared forfeited. Thirty days after the adoption of this Ordinance, any bond that is outstanding that qualifies for default will be declared forfeited. The City shall send notification to the address of record 45 days before forfeiture.

PART II

PENALTY AND ADOPTION

A.        CONFLICTING PROVISIONS

Whenever the provisions of this Ordinance conflict with the provisions of any other Ordinance, resolution or part thereof, the more stringent shall prevail. 

B.        PROVISIONS SEVERABLE

This Ordinance and the various sections, clauses and paragraphs are hereby declared to be severable.  If any part, sentence, clause or phrase is adjudged to be unconstitutional or invalid it is hereby declared that the remainder of the ordinance shall not be affected thereby. 

C.        AMENDMENT TO BE ADDED TO CITY CODE

The City Council hereby authorizes and directs that insert pages reflecting the provisions enacted hereby shall be made and placed in the City Code, Title 6.

D.        PENALTY

Any public or private entity violating any of the provisions of this Ordinance shall receive a fine according to the City Fee Schedule.

E.        EFFECTIVE DATE

This Ordinance shall take effect upon its passage and publication as required by law.

PASSED AND ORDERED POSTED BY THE CITY COUNCIL OF THE CITY OF CEDAR HILLS, UTAH, THIS 17TH DAY OF JULY, 2007.

                                                                        Michael C. McGee, Mayor

ATTEST:

Kim E. Holindrake, City Recorder