Enforcement of these regulations shall be subject to the authority granted to the City of Topeka Planning and Development Director as established in TMC 18.50.120.

The owner is responsible for all maintenance and upkeep of planted materials and trees in perpetuity within his/her development. Failure by the developer and/or owner to comply with this chapter shall cause the developer and/or owner to be ineligible for any additional building permits. No additional building permits shall issue until the developer and/or owner has complied with this chapter or made arrangements satisfactory to the Planning Director for compliance.

After all plantings are completed, the developer will schedule an inspection of the plantings with the Planning Department and landscaping installer. If all plantings are in good condition and properly meet the requirements of the landscape plan as required by this chapter, the Planning Department will issue a landscape certificate of completion to the developer and Building Official. No certificate of occupancy shall be issued if the landscape certificate of completion has not been issued. Notwithstanding the foregoing, if building construction is completed outside of the growing season, a temporary certificate of occupancy may be issued with the condition attached that the landscape certificate of completion must be issued prior to the end of the next growing season. Failure to obtain the landscape certificate of completion by the end of that growing season shall be sufficient grounds for revocation of the conditional certificate of occupancy.

If plantings are subsequently determined by the Planning Director to be damaged, in poor condition, diseased, or dead, the Planning Director may issue notice to the real property owner of record requiring maintenance and/or the replacement of plantings in order to bring the developed area into compliance with the approved landscape plan. If the required maintenance or replacement is not accomplished within one growing season, which is considered to begin March 1st and end November 15th, the Planning Director on behalf of the City shall cause the required maintenance or replacement of plantings to be accomplished and cost thereof shall be assessed against the real property as a service assessment. (Ord. 18255 § 8, 6-1-04; Ord. 17846 § 10, 6-11-02. Code 1995 § 48-38.09.)