Ordinances-1979-81

issued for accessory buildings or additions already existing on such tract. SECTION 5. CITY'S RIGHT TO INSTALL IMPROVEMENTS UPON SUBDIVIDER'S FAILURE TO DO SO. (a) In the event the subdivider, its assigns or successors in interest, should sell or convey lots in a subdivision without having had constructed or installed the pavement, water mains and sanitary sewers; or if the subdivider, its assigns or successors in interest or the owners of the lots in such subdivision should fail to construct sidewalks, the city shall have the right to install and construct such improvements and the costs of such improvements shall be a lien and charge against all the lots adjacent to or in front of which improvements are made and any lots which may be assessed for improvements under the provisions of Chapter 384 of the Code of Iowa. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by state law for assessing such improvements. It is further provided that this requirement to so construct such improvements is and shall remain a lien from date until properly released as hereinafter provided. (b) When required improvements have been installed to the satisfaction of the city, it will immediately file in the office of the county recorder a good and sufficient release to various lots in such subdivisions so that this section will not constitute a cloud upon the title of the lots in the subdivision. SECTION 6. EXCEPTIONS. (a) Modifications of requirements. Where in the case of a particular proposed subdivision or plat thereof it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardship to the subdivider because of unusual topography, excessive costs, or other such non-self-inflicted conditions or that these conditions would result in prohibiting the achievement of the objectives of these regulations, the city planning commission may vary, modify, or waive general requirements so that substantial justice may be done and the public interest secured; provided, however that, such variance,