HomeMy WebLinkAbout06663ORDINANCE NO. 6663
AN ORDINANCE AMENDING SECTIONS 7 AND 11 OF
CHAPTER 4 OF TITLE XII OF THE PUEBLO CODE OF
ORDINANCES RELATING TO SUBDIVISIONS AND SUBDIVI-
SION IMPROVEMENTS GUARANTEES AND OBLIGATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
deleted, underscoring indicates matter added)
SECTION 1 _
Paragraph 9 of Subsection 0) of Section 7, Chapter 4, Title XII of the Pueblo Municipal
Code is hereby amended to read as follows:
(9) Guarantee.
a. All workmanship and materials on all required improvements shall
be guaranteed by the subdivider for a period of two (2) years from the date of the
acceptance of the required improvements by the City Engineer; with the exception
from the guarantee requirement for any defects which are the result of public
abuse, misuse or acts of God. In the event any other provision of this Code or
specifications adopted pursuant thereto shall require a guarantee of workmanship,
materials or both for a different period of time, that provision requiring the longer
period of guarantee shall govern. City inspection shall not relieve the subdivider
of such guarantee of workmanship and materials.
b. Within thirty (30) dgys after notice is ivg en by to subdivider
specifying any defect in required improvements which occurs or existed during _any
applicable guarantee period, or in the event of an emergency as determined by the
Director of Public Works, immediately after such notice is given to the subdivider,
subdivider shall undertake the correction of such defect and thereafter diligently
prosecute the correction thereof to completion in a good and workmanlike manner.
If subdivider fails to timely undertake or thereafter fails to diligently prosecute the
correction of the defect to completion, the City is granted the right (but not the
obligation) to correct the defect and recover all costs thereof including administrative
and inspection charges of twenty -five (25) percent together with interest thereon at
the rate of ten (10) percent per annum from the subdivider. In addition, until paid in
full, all such City costs and administrative and inspection charges together with
interest thereon at the rate of ten (10) percent per annum, shall become a perpetual
lien on all the land within the subdivision upon recording in the office of the Pueblo
County Clerk and Recorder a statement of lien setting forth the City's costs and
administrative and inspection charges and a description of the land signed and
acknowledged by the Director of Public Works. Failure of the City to correct any
such defect shall not subject the City to o any liability to any person for such failure.
SECTION 2
Section 11 of Chapter 4, Title XII of the Pueblo Code of Ordinances is hereby amended to
read as follows:
Sec. 12 -4 -11. Subdivision improvements obligations.
(a) The subdivider shall remain liable and responsible for the construction,
[and] installation maintenance and repair of all subdivision improvements until they are
completed and accepted by the Director of Public Works and for the correction of any
defects occurring or existing during any applicable guarantee period The sale or transfer
of all or part of any approved subdivision or the assignment or transfer by the subdivider
of any agreement to install or construct any improvement pursuant to Alternative 1, 2, 3
or 4 of Section 12 -4 -70) of this Chapter shall not release or discharge the subdivider from
its obligation under such agreement or any applicable guarantee
(b) If any subdivider shall fail to timely construct, install or provide any
improvements required pursuant to Alternative 1, 2, 3 or 4 of Section 12 -4 -70) of this
Chapter for any approved subdivision or to correct any defects occurring or existing
during any applicable guarantee period no subdivision plat for any other subdivision or
special area plan in which the defaulting subdivider has an interest shall be accepted by the
Director of the Department of Zoning Administration. For purposes of this Section,
defaulting subdivider means and includes not only the named subdivider if an individual,
but also any person, firm limited liability company, or corporation which has a ten -
percent or greater interest [with] in the subdivider if the subdivider is a partnership, joint
venture, corporation limited liability company or other legal entity.
(c) To determine whether a subdivider may be in violation of Subsection (a) or
(b) above, the Director of the Department of Zoning Administration may require the
subdivider to certify by affidavit those persons or entities which have any interest in the
subdivider or in any [other specified] defaulting subdivider.
SECTION 3
This Ordinance shall become effective upon final passage.
INTRODUCED: February 26 , 2001
By Rich Golenda
Councilperson
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ATTEST:
St
City Cle
Passed and Approved: March 26, 2001
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