Chowchilla Municipal Code Ch. 17.40 Fees and Security

The council may impose a fee for applicable parks and recreation fees pursuant to Chapter 17.42.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018; Ord. No. 513-23, § 1, 3-28-2023)

Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface waters and stormwater from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Section 66483 of the Government Code.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Filing fees as established by resolution of the council shall be paid at the time of filing of subdivision maps and parcel map waiver certificates. No refund of filing fee shall be made for any map or portion thereof deleted, withdrawn, or abandoned.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. The subdivider shall pay a fee as established by council resolution for checking the improvement plans and inspecting all proposed improvements controlled by the city prior to the submission of the final map to the council.

B. The fees established by this section shall be based on reasonable improvement cost estimates made by the city engineer. No adjustment in or refund of such fees shall be made once the fees have been paid; except when a final map is withdrawn, or a reversion to acreage map is recorded, the unexpended portion of the required fee may be refunded upon written request made by the subdivider to the council.

C. The council may retain qualified consulting engineers for the performance of any part of the inspection services.

D. In the event the council permits the required improvements to be financed by proceedings under an appropriate special assessment act as provided for in Section 66462 (a)(2) of the Subdivision Map Act, the fees required by this section may be included as an incidental expense of such proceedings. The subdivider shall be refunded the amount of the fees required by this section to the extent that moneys for the inspection of improvement construction are available in the moneys provided by the special assessment act proceedings.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Fees, as provided by Sections 27361 and 27372 of the Governmental Code, shall be paid to the city clerk to defray the costs of recording of any final map, parcel map, or certificate of waiver.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

Agreements and requirements referred to in Sections 17.28.120 and 17.32.210 shall be accompanied by security to guarantee performance as follows:

A. Improvement security in the amount of one hundred percent of the total estimated cost of all required work as indicated in the agreement or requirements for the purpose of securing the performance of the work;

B. Improvement security in the amount of one hundred percent of the estimated cost of all required work to secure payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials for such improvements;

C. Improvement security to secure the maintenance for a period of one year after the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of the agreement with the council or the performance of the Act. The security shall not exceed an amount equal to twenty-five percent of the estimated cost of furnishing and installing the facilities. This security shall be in addition to any warranty required of the manufacturer;

D. Improvement security to secure the maintenance of a private road for a period of one year after the acceptance thereof against any defective work or labor done or defective material furnished in the construction of the private work which security shall be in an amount equal to the construction cost thereof;

E. Security in the amount equal to the estimated cost of placing all monuments and lot corners not set at the time the final map is filed as specified in Section 17.24.230(C) and (D);

F. Security in the estimated amount of taxes, and special assessments collected as taxes which are a lien but which are not yet payable as referred to in Section 66493 of the Subdivision Map Act;

G. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the local agency in successfully enforcing the obligation secured.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

The form of security shall be one or any combination of the following at the option and subject to the approval of the council:

A. Bond or bonds by one or more duly authorized corporate sureties. The form of the bond or bonds shall be in accordance with Sections 66499.1, 66499.2, 66499.3 and 66499.4 of the Subdivision Map Act;

B. A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys;

C. An instrument of credit or letter of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment;

D. A lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map;

E. Any other form of security as provided in Section 66499 of the Subdivision Map Act, including, but not limited to, security interests in real property, which are acceptable to the council.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

If the subdivider fails to complete the improvements in the time specified or an extension thereof, the council may take appropriate legal action against the subdivider and his security, with or without first causing such improvements to be completed. In the event the security is insufficient to pay the full cost of the improvements, the subdivider shall be liable for any balance.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

It shall be the duty of the city engineer to inspect all improvements installed and monuments set as to their compliance with this title and city standards. No security given for faithful performance of such work shall be exonerated from the agreement referred to herein until and unless the city engineer certifies compliance thereto.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)

A. Security given for faithful performance of any act or agreement shall be released upon the final completion of the act or the work encompassed by the agreement and the acceptance of the act or work by resolution of the council.

B. Security securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials or equipment shall, six months after the performance of the Act or completion of the work and its acceptance by resolution of the council, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the council; and if no such actions have been filed, the security shall be released in full.

C. Such release shall not apply to any required guarantee and warrantee period, nor to the amount of the security deemed necessary by the council for such guarantee and warrantee period, nor to cost and reasonable expenses and fees, including reasonable attorney's fees.

D. In all cases where the performance of the obligation for which the security is required is subject to the approval of another agency, the council shall not release the security until the obligation is performed to the satisfaction of such other agency. Such agency shall have two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to its satisfaction.

(Ord. No. 492-18, § 2(Att. A), 12-11-2018)