Article VII — Improvement Security

A.

As a condition for the issuance of a permit, the director of public works shall have the authority to require the deposit of an improvement security in an amount deemed necessary by him/her to assure faithful performance of the work or the cost of removing the work or otherwise reconstructing or restoring a site to conditions existing prior to such work, in the event of default by the permittee or, in the case of a subdivision, where the permittee does not proceed with preparation and obtaining the approval of a final map. The said security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a faithful performance bond executed by the permittee and a corporate surety authorized to do business in this state.

B.

In the case of subdivisions authorized by a final map, unless otherwise authorized by the director of public works, the improvement security shall remain in effect until final inspections have been made, all grading work and subdivision improvements have been accepted by the director of public works, and all other requirements of the subdivision contract have been satisfied. For subdivisions authorized by a parcel map, the required effectivity period of the improvement security shall be determined on a case-by-case basis by the director of public works.

C.

For projects other than subdivisions, the improvement security shall remain in effect until final inspections have been made and all grading work has been accepted by the director of public works.

D.

In addition to the improvement security, the director of public works may also require the deposit of a maintenance security in an amount deemed necessary by him/her to guarantee and maintain the grading work, to assure the proper functioning of the drainage systems, and to support the implementation of adequate erosion and sedimentation control. The said maintenance security shall be in the form of cash or a certified or cashier's check, If the director elects to require the said security, he/she shall have the further authority to require that this security remain in effect through the end of the rainy season following the completion of the grading work.

E.

Upon satisfaction of the applicable provisions of this chapter, any improvement and maintenance security deposits or bonds submitted in support of the permit will be released or refunded to the permittee by the director of public works. However, upon failure to complete the work, failure to comply with all of the terms of the permit, or failure of the completed site to function properly to provide proper drainage or erosion and sedimentation control, the director shall determine the scope of work necessary to mitigate any hazardous or unsafe conditions, including illicit discharges from the site, and shall have the authority to cause that work to be done and to collect from the permittee or the surety all costs incurred thereto, including administrative and inspection costs. In the event of such collection, any unused portion of a deposit or bond shall be refunded to the permittee or surety after deduction by the county of the cost of the work.

(Prior gen. code § 7-116.0)

(Ord. No. 2010-19, § 1, 5-4-10)