Agenda - Planning Commission - 04/06/2006

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Subd. 8. Performance Standards and DMP Agreement. The dwelling to be moved must comply in all respects with the Building Code, as adopted by the City, and other applicable City Code provisions. If the dwelling is not in compliance, the applicant shall present to the City a complete and detailed plan showing changes which will be made in order to attain compliance with said codes. A DMP shall not be released to the applicant until there is a signed DMP Agreement and the City has been provided with the required financial guarantee described below. The DMP Agreement shall require the completion of any necessary changes within a period of six months from the date of the building permit approval. The amount of the financial guarantee shall be established by the City's Building Official in an amount sufficient to insure that the moving project will be completed in accordance with the requirements for a certificate of occupancy and the terms and time frames established within the DMP. The escrow required shall equal 125% of the Building Official's estimate. Whenever in the judgement of the City, the project has not been completed in accordance with City Code requirements, a written notice shall be issued to the fee title owner of the Subject Property identifying the necessary corrections. Service of said notice shall be in person or by mail, mailed to the applicant at the address listed in the DM? Agreement. If the necessary corrections are not accomplished within ten (I 0) days of the date of mailing the notice, the Council may cause such conditions to be abated at the expense of the City and recover such expenditure including reasonable administrative expenses from the escrow fund as required by the DMP Agreement. In the event the escrow is not sufficient to defray the expenses incurred by the City, the City may recover said expenses, at its option, either by civil action against the applicant or by directing the Administrator/Clerk to extend such sums, plus 25% thereof as a special tax against the real property upon which the dwelling is located and to certify the same to the County Auditor for collection in the manner as taxes and special assessments are certified and collected. Subd. 9. Fees, Escrows and Financial Guarantees The Council shall establish the amount of application and escrow fees and financial guarantees by resolution. The form of the financial guarantee shall be a cash deposit or an irrevocable Letter of Credit, approved as to form by the City, the amount of which shall be determined by the Council on an individual case basis. The financial guarantee shall be in force and effect until all required construction has been satisfied and all costs incurred by the City have been reimbursed. The applicant and/or fee title owner of the Subject Property. shall be responsible for all costs incurred by the City, which expenses shall include but not be limited to expenses for engineering, legal and administration. Said expenses shall be paid within fifteen (15) days 60