§ 90-75. During drought conditions, cash bond in lieu of required landscaping sufficient for issuance of certificate of occupancy; bond to be 150 percent of estimated costs of landscaping; bond to be returned upon installation of landscaping.

(a)

In the event of a drought in the city which results in the issuance of an order by either the South Florida Water Management District or the public utilities director curtailing the use of water in the city, the city building official is authorized to accept, in lieu of the installation of required landscaping, a cash bond from the applicant for a certificate of occupancy, and to issue to such applicant the certificate of occupancy, for a structure which has been completed in accordance with all other local laws and regulations. The amount of the cash bond shall be 150 percent of the estimated cost of the installation of the required landscaping as determined by the building official. The bond funds shall be retained by the city and held in trust by the city for the depositor of funds until all required landscaping has been installed, at which time the funds shall be returned to the depositor.

(b)

Persons to whom certificates of occupancy have been issued pursuant to this section shall be obligated to comply with the city's landscaping requirements and to plant the required landscaping within 60 days of being so ordered by the building official. The building official shall maintain a record of persons to whom certificates of occupancy have been issued pursuant to this section, and shall order the installation of landscaping by them at such time as the water use restrictions have been removed. If the required landscaping is not installed within 60 days of the notice, the bond shall be forfeited to the city; and the city may proceed to compel the installation of the required landscaping by such legal means as are necessary.

(Code 1979, § 31-47)