---
title: Duluth UDC § 1130.04 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1130.04"
licence: "CC0-1.0"
---

# Duluth UDC § 1130.04

Failure to Complete Improvements

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 11 — Procedures and Permits
- **Pages in source:** 342–343
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

1. In those cases where a performance guarantee has been posted and required improvements have either
not been installed within the terms of such performance guarantee or have not progressed in a timely
manner such that completion within the time period of the guarantee can be achieved, the Planning

341 | P a g e

Article Eleven. Procedures and Permits

Director may thereupon declare the guarantee to be in default and require that the issuer of the
performance guarantee turn over to the City such funds that are due and payable under the terms of the
guarantee.
2. A default also shall be deemed to have occurred on the part of the owner if, in the sole judgment of the
City Engineer or Inspector, the owner has:

a. Abandoned or unnecessarily delayed the performance of its obligations under the pertinent

Development Performance and Maintenance Agreement; or,
b. Renounced or repudiated its obligations under the said Agreement; or,
c.
Clearly demonstrated through insolvency, delay or otherwise, that its obligations under the said
Agreement cannot be completed within the time allotted under the said Agreement; or,
d. Has not complied with or is not in compliance with the minimum standards of this Unified

Development Code for any one or more of the subject improvements; or,
e. Transferred ownership of any portion of the project to a third party without assignment of the

remaining responsibilities hereunder; or,
f.
Caused or experienced any damage to new or previously existing improvements creating an
emergency situation.