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d. Trees damaged by construction, or with more than thirty percent <br />of the roots disturbed, shall be counted as removed and mitigated <br />at applicable rates. <br />e. Tree protection measures shall remain in place until all grading <br />and construction activity is terminated. <br />14. Final Inspection: Prior to the issuance of a certificate of occupancy, the <br />project developer, builder, or representative shall certify in writing to the <br />City that all elements of the tree preservation plan and landscaping plan <br />were completed. These must be confirmed by the City. However, the <br />City may issue a certificate of occupancy prior to completion of <br />landscaping in the following situations: <br />a. If winter weather will prevent healthy planting practices, a security <br />shall be posted to ensure the remaining planting is accomplished <br />and all planting must be installed by the fifteenth of June the <br />following spring. <br />b. A certificate of occupancy may be issued by the City on residential <br />lots prior to lawn seeding or sod, provided an escrow security is <br />submitted sufficient to ensure that the work will be completed and <br />the date of completion is specified. <br />15. Non -Compliance: If the City finds that the property is not in compliance <br />with the approved landscaping plan or tree preservation plan, it shall <br />inform the property owner or, if applicable, the homeowners association, <br />regarding the non-compliance and describe, in writing, the steps needed <br />to bring the property into compliance within a reasonable timeframe, not <br />to exceed sixty (60) calendar days. <br />16. Performance Security: The City may require performance security to <br />ensure conformance with the requirements of this chapter. <br />a. The performance security shall extend for two (2) years from the <br />date of planting. The form of the security (cash, letter of credit, or <br />other form) shall be determined by the City. <br />b. If after notification of non-compliance the property owner or, if <br />applicable, the homeowners association fails to achieve the <br />compliance within sixty (60) calendar days, the City may exercise <br />its authority to use the performance security to address <br />compliance. <br />