A. Every development agreement entered into by the council shall provide for director review of compliance with the development agreement at time intervals as specified in the agreement, but not less than once every twelve months.

B. The director shall determine whether the applicant or his or her successor in interest has or has not complied with the agreement. If the director determines that the terms or conditions of the agreement are not being met, all parties to the agreement shall be notified by registered or certified mail or other method guaranteeing proof of delivery, also indicating that failure to comply within a period specified may result in legal action to enforce compliance, termination, or modification of the agreement.

C. It is the duty of the applicant or his or her successor in interest to provide evidence of good faith compliance with the agreement to the director’s satisfaction at the time of the director’s review. Refusal by the applicant or his or her successor in interest to provide the required information shall be prima facie evidence of violation of such agreement.

D. If, at the end of the time period established by the director, the applicant or his or her successor in interest has failed to comply with the terms of the agreement or has not submitted evidence substantiating such compliance, the director shall notify the council of his or her findings, recommending such action as he or she deems appropriate, including legal action to enforce compliance or to terminate or modify the agreement. (Ord. 1650 § 3 (Exh. B), 2018)