1. The Applicant proves that such testing cannot be performed because of weather conditions in which case the Applicant shall provide the City with security in the amount established by Resolution of the City Council to guarantee that the appropriate test will be performed. The Applicant will cause to have the appropriate test performed within fourteen (14) days of notification from the City given when the weather conditions make testing possible. In addition, the Applicant shall provide a signed written acknowledgement from the purchaser of the real estate, agreeing to correct, at the purchaser’s expense, any violations/defects that may be discovered as the result of subsequent tests. Nothing in this subsection shall prohibit the Applicant to reimburse the purchaser for any costs incurred; provided, nevertheless, the primary liability shall run with the land and no such agreement shall affect the City’s enforcement powers or excuse the current owner from performance.

2. When an illegal storm or surface water connection or malfunctioning drainage system has been discovered and the necessary remedial activities to correct such connection would require a length of time such as to create a practical hardship for the Applicant, the Applicant may apply to the City’s Building Official for a Temporary Document of Certification which may only be issued when the Applicant provides the City with all of the following: