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ATTY/ORD.0008/CC ORD BUILDING CODE ADOPTION – EXHIBIT A REV: 08-28-25 MI Page 18 of 25 B. The deposit shall be returned, without interest, in total or pro rata, upon proof to the satisfaction of the Chief Building Official or designee, that no less than the required percentages or proven proportion of those percentages of the tons of C&D debris generated by the covered project have been diverted from landfills and have been recycled or reused. If a lesser percentage of tons than required were diverted, a proportionate share of the deposit will be returned and the City shall retain the remainder. If an applicant is substantially in compliance, the Chief Building Official or designee can grant a lower diversion rate for the project if the applicant demonstrates that a sixty (60) percent diversion rate was not feasible despite a "good faith effort." The deposit shall be forfeited entirely if the applicant fails to comply with the requirements of this chapter. If an applicant is not satisfied with the Chief Building Official or designee's decision, the applicant can appeal to the Community Development Director, whose decision is final. C. Deposits that qualify for refund but that have gone unclaimed for a period exceeding sixty (60) calendar days past the final inspection or certificate of occupancy date shall be considered forfeited. D. Forfeited deposits shall be turned over to a fund designated to further promote the development and expansion of recycling and waste reduction programs. E. City may exempt the deposit requirement if an emergency demolition is required to protect public health and safety. Sec. 9.197. ADMINISTRATIVE FEE: As a condition precedent to issuance of any permit for construction or demolition for a covered project, the applicant shall pay to the City a cash fee sufficient to compensate the City for all expenses incurred in administering the permit. The amount of this fee shall be determined in accordance with the then current fee resolution of the City Council determining the same. Sec. 9.198. ON-SITE PRACTICES: A. During the term of the demolition or construction project, the applicant shall recycle or divert at least the required percentages of materials and shall keep written records thereof in tonnage or in other measurements approved by the Chief Building Official or designee that can be converted to tonnage. The Chief Building Official or designee will evaluate the records for each project to calculate the percentage of materials recycled, salvaged and/or that were reused from the project. Failure by the applicant to keep accurate written records shall constitute a violation of this Article. B. The diversion of a minimum of the required percentages of the C&D debris shall be measured separately with respect to the demolition segment and the construction segment of a project where both demolition and construction are involved. C. For projects involving both demolition and construction, the applicant shall maintain separate records and shall prepare and submit to the building department separate calculations and reports for the demolition and for the construction portions of the projects. Sec. 9.199. REPORTING: A. Within sixty (60) calendar days after final inspection or certificate of occupancy, the applicant shall submit documentation, entitled final report, to the Community Development Department which demonstrates compliance with the requirements of this Article. For covered projects that involve both demolition and construction, the applicant shall submit the final report for the demolition phase within sixty (60) calendar days following completion of the demolition phase and shall submit documentation for the construction phase within sixty (60) calendar days following completion of the construction phase. B. The final report shall consist of a form describing diversion activities and showing actual tonnage data for recycled, diverted, and disposed materials, supported by originals or certified photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors, and/or