§ 21.08.09. Acceptance of streets, storm drainage, sanitary sewer and water distribution improvements for use and maintenance by the public.

Upon completion of all improvements, the subdivider shall request that the service-safety director perform an inspection. After the inspection, the service-safety director will do one of the following:

(A)

Allow the start of a two-year maintenance period.

(B)

Issue a letter to the subdivider listing items of work necessary to accomplish satisfactory completion of the improvements.

During the two year maintenance period the subdivider shall be responsible for maintenance of all improvements, including snow removal and grass mowing, and shall repair all failures due to faulty construction as soon as they become apparent. The subdivider shall also make repairs due to erosion or abuse by utility companies installing utilities and shall repair all failure, for all other reasons during the maintenance period. The maintenance guarantee shall remain in effect until final acceptance of improvements by the planning commission. Before the City of Athens will release the maintenance guarantee, the subdivider shall submit a sworn statement that all bills and financial obligations incurred for maintenance or restoration of the subdivision improvements have been fully paid. After the two year maintenance period, the subdivider shall, after restoring all improvements to an acceptable condition, and after all monies are paid to contractors, request that the service-safety director perform an inspection for final acceptance. After the inspection, the service-safety director will do one of the following:

(1)

Issue a letter to the planning commission, with a copy to the subdivider, recommending final acceptance of the improvements and release of maintenance guarantee.

(2)

Issue a letter to the subdivider listing items of work necessary to accomplish before the recommendation for final acceptance can be made.

Upon acceptance of the public improvements, the City of Athens will file an affidavit with the county recorder stating the public improvements on the referenced plat have been accepted. The county recorder will record the affidavit and note it on the referenced plat.