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Section [A] 114.5 is hereby added to the International Building Code and shall read as follows:

[A] 114.5 Correcting damage to public facilities.

[A] 114.5.1 Responsible party. The person, firm or corporation in whose name a building permit is issued will be responsible for the repair of any damage to public facilities which occurs as a result of construction activities covered by such permit.

[A] 114.5.2 Definitions. For the purposes of this section, public facilities shall be defined to include but not be limited to sanitary sewer pipes and manholes, storm sewer pipes and inlets, waterlines, valves, fire hydrants, water meters, curbs, sidewalks and pavement, which facilities are located on the property in question or in easements immediately adjacent thereto.

[A] 114.5.3 Notice of corrective action. Whenever such damage is discovered, the responsible permit holder shall be given written notice of what corrective action is necessary and what period of time is specified for completing the corrective action.

[A] 114.5.4 When City to perform work. If the responsible party fails to complete the repair work within the specified time, the City may cause the necessary work to be done and the permit holder shall reimburse the City for the costs incurred in completing said repair work.

[A] 114.5.5 Refusal of permits for noncompliance. The City may refuse to issue permits to anyone who has been billed for the cost of making such repairs but has refused to pay such costs. The full amount due under this section shall constitute a debt to the City. An action for collection thereof may be commenced in the name of the City in any court having jurisdiction of the cause.

[A] 114.5.6 Not responsible for prior damage. The permittee shall not be held responsible for damage which existed prior to the commencement of such construction activity. The permit applicant shall make a thorough inspection of the site prior to beginning construction and notify the building inspector of any such pre-existing damage of which he becomes aware.

[A] 114.5.7 Appeal. Any party aggrieved by a decision of the building inspector hereunder may appeal said decision to the Board of Code Review, and any pending enforcement action shall be suspended until final determination by said board.

(Ord. 19-27 § 20, 2019; Ord. 12-41 § 2, 2012; Ord. 90-65 § 1, 1990.)