§ 14.05.160. Bonds.

A.

Bonds Required. A permit shall not be issued unless the permittee shall first post with the building official a bond executed by the owner and a corporate surety authorized to do a surety business in the state in an amount sufficient to cover the cost of the grading project, including any related cleanup costs, in the state in an amount sufficient to cover the cost of the grading project, as determined by the building official, including the construction of drainage and protective devices and any corrective work necessary to remove and eliminate engineering, geological or safety hazards.

In lieu of a surety bond, the permittee may deposit with the city cash in an amount as determined by the building official which will cover all such projects. The amount thereof shall be determined by the building official.

B.

Conditions. Every bond shall include the conditions that the permittee shall:

1.

Comply with all of the provisions of this code and any other applicable laws and regulations;

2.

Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the building official;

3.

Complete all of the work contemplated under the permit within the time limit specified in the permit, or under an approved extension thereof, or complete the work to a safe condition satisfactory to the building official;

4.

The bond shall provide that it will not expire without at least 30 days' notice to the building official;

5.

The city shall be allowed to recover costs in excess of the surety bond or cash deposit by special assessment to be charged to the property and collected in the manner provided for special assessments. To the extent permitted by law, the city may attach a lien to the property to recover such costs.

C.

Failure to Complete Work. The term of each bond shall begin upon the date of permit issuance and shall remain in effect until the completion of the work to the satisfaction of the building official. Work shall include maintenance responsibilities during the period the permit is in effect. In the event of failure to complete the work or failure to comply with all of the terms and conditions of the permit, the building official may order the work required by the permit to be completed or put in a safe condition. The surety executing such bond or deposit shall continue to be bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In the case of a cash deposit, the unused portion thereof shall be refunded to the permittee.

D.

Default in Performance of Conditions. Whenever the building official finds or determines that the permittee has failed to perform any requirement or condition of a permit issued hereunder, written notice thereof shall be given to the permittee and to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the building official to be reasonably necessary for the completion of such work. The building official may require the submission of plans, soils, or geological reports, and recommendations or other engineering data prior to and in connection with any corrective or proposed work or activity. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the building official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys, the building official shall cause the required work to be performed and completed.

(Ord. 7127 § 5 (part), 2007: Ord. 6483 § 2 (part), 1992)