§ 70-514. Enforcement.

(a)

No building permit shall be issued for any structure subject to the provisions of this article without first obtaining the approval of the landscape plan from the city manager or designee, the planning and zoning commission or city council as may be appropriate.

(b)

All landscaping required by this article shall be installed prior to the issuance of a certificate of occupancy. However, if all conditions necessary for issuance of a certificate of occupancy are met except landscape improvements, and the reason for not finishing these landscape improvements is because completion of construction occurred outside of planting season, a temporary certificate of occupancy may be issued if cash or certified funds equal to 110 percent of the cost of the landscaping, as determined by the city manager or designee, is deposited with the city ensuring such installation within six months of occupancy.

(c)

Breach by the property owner of the obligation to maintain the landscaping in accordance with the approved landscape plan shall be deemed a nuisance and shall be subject to the following actions in addition to sanctions for violations of this Code:

(1)

The city shall notify the property owner in writing of said violation and of a 30-day period in which to rectify the violation.

(2)

Within 30 days after notification of such violation, the property owner shall rectify the violation. Upon completion of any required corrections, the property owner shall notify the city in writing that the corrections have been made.

(3)

Failure of the property owner to rectify the violations within 30 days shall be cause for the city to correct the violation at a cost to be billed to the property owner. The cost shall include materials, labor and administrative functions.

(Code 1985, § 10-14-9)