9-1A-43: IBC BUILDING CODE AMENDMENT, ADD SECTION 117, UPGRADE AGREEMENTS:

   The building official shall make the determination as to whether a bond shall be required. The amount of this bond shall be determined by the City and in the amount needed to perform the work as described in the upgrade agreement. An upgrade agreement shall not extend beyond three years in duration.

   All upgrade agreements shall include the following items:

      a.   The remaining scope of work that must be completed to fulfill the terms of the upgrade agreement;

      b.   The applicable building permit number(s);

      c.   An expiration date or date of completion of the agreement;

      d.   The parcel number(s) and address;

      e.   A description of the type and expiration of any bonding instrument (where applicable);

      f.   Other methods for assuring completion of the scope of work;

      g.   Signature of the owner(s), building official and/or fire code official all contained on the original notarized agreement (no copies);

      h.   A statement acknowledging the following possible consequences for failure of the tenant and/or building owner to complete the terms of the upgrade agreement within the time frame found in the agreement;

         (1)   Revocation of the occupancy certificate of the tenant(s) in said structure;

         (2)   Utilization of the bond originally posted by the permit applicant by the City to complete the remaining work outlined in the upgrade agreement (where applicable);

         (3)   Assessment of penalties, recording a Notice of Noncompliance against the property, and/or issuance of misdemeanor citations by the City for failure to complete the work described within the agreement by the expiration date of the agreement and/or the institution of a fire watch or any other appropriate method deemed necessary by the City to complete the work outlined in the upgrade agreement.

   For upgrade agreements recorded on the property, when work is permitted, inspected, and approved, as outlined in the upgrade agreement and per applicable codes, a Notice of Compliance shall then be recorded on the property with the Ada County Recorder's Office indicating the work has been completed.

(Ord. 44-17, 12-19-2017, eff. 1-1-2018; amd. Ord. 39-20, 12-1-2020, eff. 1-1-2021; Ord. 2-25, 2-4-2025)