§ 17.08.100. Permit—Bond provisions.

The bond or letter of credit shall include the following provisions:

A.

The applicant shall comply with Section 17.09.092, this section and all other applicable laws and ordinances.

B.

The applicant shall comply with all of the terms and conditions of the grading permit.

C.

Any extension of completion time pursuant to the provisions of Section 17.08.140 shall not release the applicant.

D.

Upon default, the applicant shall continue to be bound firmly under a continuing obligation for payment of one of the following, at the election of the surety:

1.

All costs and expenses necessary to complete the work in accordance with the approved plans and specifications or any approved modification to the approved plans or specifications; or

2.

All necessary costs and expenses or liabilities which may be incurred to stabilize in accordance with the stabilization plan for erosion control presented by the applicant to and approved by the City; or

3.

Payment to the City in cash or by certified check in a sufficient amount to equal the cost of performing the necessary work. If the cost for restoration of a site to meet the minimum requirements of this section (with particular emphasis on stability, safety, drainage and erosion control) exceeds the amount of the cash or certified check, the permittee shall continue to be bound under a continuing obligation for payment of all excess costs and expenses incurred by the City.

E.

The security shall remain in full force and effect until a certificate of completion has been issued by the Department of Planning and Zoning certifying that the work has been performed in accordance with the plans and specifications, or certifying that the permit has been unused; provided, however, that the Director may increase or reduce security based on current estimates or site conditions. Upon issuance of this certificate, any unused portion of any cash or certified check shall be returned to the applicant, and the applicant and his/her surety shall be released from all further obligations under this section (provided default has not occurred). The certificate of completion shall be issued within sixty-days from the date the Department receives written notice of completion, provided that during the sixty-day period, the Department inspects the work performed and is satisfied that the permittee has complied with the provisions of this section.

(Ord. No. O-27-13, § I, 10-14-2013; Ord. No. O-12-16 Amended, § I, 5-23-2016)