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HomeMy WebLinkAbout1992-OR-24 ORDINANCE NO. 92-0R-g<?.t[_ AN ORDINANCE REQUIRING BUILDERS AND DEVELOPERS TO PROVIDE FUNDING FOR DRAINAGE IMPROVEMENTS IN SUBDIVISIONS AND DEVELOPMENTS WHEREAS, the Common Council of the City of Jeffersonville recognizes that there are severe drainage problems throughout the entire City. WHEREAS, many of these drainage problems exist in newly developed subdivisions such as Elke Point, Foxboro, Golfview Estates, Buttonwood, The Meadows, and Suburban Acres. WHEREAS, it is the responsibility, obligation and duty of the Jeffersonville City Council to exercise its police powers to control the orderly development of its territory. WHEREAS, new subdivisions and development continue to flourish in these areas. WHEREAS, Jeffersonville City Ordinance 89-0R-22 (4)(A) as amended provides in pertinent part that: "When the final plat is submitted to the Commission, it shall be accompanied by a notice from the City Board of Works and Safety, stating that there has been filed with and approved by that body a bond which shall: a. Run to the City of Jeffersonville. b. Be in an amount equal to one hundred percent (100%) of the construction cost of streets, sewers, sidewalks, curbs, gutters, utilities and drainage facilities as a gurantee against faulty workmanship or materials for a period of one (1) year after final / written approval of construction by the City Engineer./ WHEREAS, this performance bond would insure that the City of . Jeffersonville would not take over the responsibility of maintaining subdivisions and development which contained faulty sewers, streets, sidewalks, curbs, gutters, utilities and most importantly drainage facilities. WHEREAS, it is financially prudent to require developers to pay the cost of constructing infrastructure which will provide for adequate drainage and other needs in their development. WHEREAS, the developer reaps the financial profits and gains from the sale of the lots and the homes located within the development, and upon completing said development, and dedication by the City, the developer is no longer responsible for the integtrity of drainage and other infrastructure. WHEREAS, after the developer completes his project, and upon dedication, it becomes the obligation of the City and the taxpayers to insure that drainage and infrastructure is maintained. WHEREAS, the previous administration and Board of Works and Safety failed to enforce the requirement for performance bonds as set forth by Ordinance hereinabove. WHEREAS, without performance bonds the City of Jeffersonville has no assurance of the integrity of the work of the developers. THEREFORE, BE IT ORDAINED FROM THIS DATE FORWARD THAT: 1. The Jeffersonville Board of Works and Safety shall require that all existing developments within the City of Jeffersonville provide proof that they have secured a performance bond as defined by Ordinance 89-0R-22 et. seq. 2. That if developers are unable to secure a performance bond as described, they shall be required to pay into the Clerk-Treasurer of the City of Jeffersonville the sum of one hundred dollars ($100) for each lot which they have heretofore developed in said subdivision. Moreover, they shall be required topay into the Clerk-Treasurer of the City of Jeffersonville the sum of one hundred dollars ($100) for each additional lot developed. 3. That these monies shall be placed into a fund in the office of the Jeffersonville Clerk- Treasurer. 4. That upon dedication by the City of Jeffersonville these funds shall be refunded to the developer less twenty percent (200/0) fee for administration of said escrow account. 5. That if the City Engineer determines that there are defects in the development before the development has been dedicated by the City, the developer shall be required to remedy same. If he refuses, then those monies which he has paid shall be utilized by the City of Jeffersonville to remedy said defects. Moreover, if the amount of money held in escrow is insufficient to pay for those repairs, the City Attorney for the City of Jeffersonville shall file suite against said developer to collect the arrearage. 6. That those funds which are paid by the developer shall only be used to remedy those defects within said development. However, if it is determined that drainage or other problems have occurred in contiguous developments and that said problems are directly and proximately caused by the new developer, said funds can and shall be used to remedy said defects as well. PENALTIES If an existing developer refuses to abide by this ordinance within thirty days (30) of its passage, by either providing said performance bond or making payments into the office of the Jeffersonville City Clerk Treasurer as described hereinbefore, the developer' shall be subject to the following penalties: 1. The Jeffersonville City Engineer shall immediately notify the violator that his rights to continue developing within the City of Jeffersonville are suspended immediately. That if the developer shall fail to cease development upon notification of the al/eged violation, he shall be subject to fines of not more than one thol/sand dollars ($1,000) nor less than one hundred dollars ($100) for each day he continues to carryon construction in violation of said notice to cease. 2. That the Jeffersonville City Engineer shall notify the violator that he shall be afforded the right to hearing upon the suspension of his building permits before the Jeffersonville City Council. 3. That the violator shall be afforded the right to appear before the Jeffersonville City Council and present evidence as to why he has refused to abide by said statute and ordinances. That said appearance shall be at the City Council meeting immediately following said notice of violation and cessation of development. Moreover, that said hearing shall be conducted in public and the violator shall have the right to present witnessess and examine those witnesses presented by the City of Jeffersonville. 4. That the Jeffersonville City Council, upon hearing the evidence shall determine by majority vote whether said violator shall be permitted to continue development without abiding by said ordinance. That upon a showing of "good cause" the developer's obligation to provide said performance bond can be waived by the Council. However, said waiver must be accompanied by findings and conclusions as to why the bond shall be waived, and an alternative measure shall be taken to insure that the developer will proceed in a workmanlike manner. 5. That the Jeffersonville City Council shall provide the violator with written findings of fact to support their decisions to either allow the violator to continue or suspend his development. 6. That the Jeffersonville City Council shall be vested with the authority to establish an alternative method of security to insure that the violator proceeds in a workmanlike manner in development of said subdivision or development. If the Council determines that an alternative method shall apply, the Council shall provide findings and conclusion to support said decision. 7. That if the Jeffersonville City Council finds by a majority vote that the violator has failed to abide by this Ordinance then the Council shall assess a penalty of not more than five thousand dollars ($5,000) nor less than five hundred dollars ($500) to be paid to the Clerk-Treasurer and to be placed in that fund solely for the purpose of correcting defects in that subject development. 8. That in addition to those penalties set forth above, the developer shall be responsible for any and all costs, attorney fees or other expenses which the City of Jeffersonville incurs in the prosecution of this mattter. This ordiance shall become effective immediately upon its passage by the Jeffersonville Common Council. Moreover, if any court shall determine that any portion of this Ordinance is invalid as a violation of any Constitutional or statutory provision of the law, only that portion which is deemed defective shall be omitted there from. The remaining portions shall remain in full force and effect. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, CLARK COUNTY, STATE OF INDIANA, ON THIS THE DAY OF APRIL, 1992. ANDREW WILLIAMS, III PRESIDENT, COMMON COUNCIL ATTEST: C. RICHARD SPENCER, JR. CLERK-TREASURER Presented by me as Clerk-Treasurer to the Mayor of Jeffersonville, Indiana this ________ day of April, 1992. --------------------------- C. RICHARD SPENCER, JR. CLERK-TREASURER THIS ORDINANCE APPROVED AND SIGNED BY ME THIS DAY OF APRIL, 1992. ---------------------------- RAYMOND J. PARKER, JR., MAYOR