Sec. 23-23.  Waiver of time period to object to noncompliance.


(a)   The city hereby waives the one hundred twenty-day period of time it has in which to object to a failure to comply with any requirements relating to subdivision approval, subject, however, to such waiver being approved in writing by the city engineer.


(b)   Upon receipt by the city clerk of written notice of the filing of an affidavit in the office of the county register of deeds, the notice and a copy of the affidavit shall be submitted by the city clerk to the office of the city engineer, and the director, upon determining that it is in the best interests of the city and the interested parties that the one hundred twenty-day period should be waived, shall endorse in writing upon such notice the city’s waiver of such one hundred twenty-day period.


(c)   Upon a determination by the city engineer that it is not in the best interest of the city and/or the interested parties to waive such one hundred twenty-day period, the question of whether or not to grant such waiver shall be presented to the council as soon as practicable and their decision shall be final.


(d)   Nothing herein shall relieve any person from any penalty imposed or to be imposed by the city for failure to comply with any requirement relating to subdivision approval, and this section and the procedure thereunder shall be only for the purpose of validating a conveyance and shall not be for the purpose of excusing compliance with applicable zoning or subdivision requirements of the city or the state. 


Source:  Ord. No. 2921, §§ 1--4, 11-17-80