Colfax Municipal Code Art. IX Improvement Security

As a condition for the issuance of a permit, the city engineer may require the deposit of improvement security in sufficient amount deemed necessary by him to assure faithful performance of the work in the event of default on the part of 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 security amount shall include an additional amount equal to twenty-five (25) percent of the estimated cost of completion of the improvements to cover city administrative and legal expenses in the event of default. Said security shall be in a form acceptable to the city of Colfax.

(Ord. 483 (Exh. A) (part), 2005)

(a) In the case of subdivisions, the improvement security shall remain in effect until final inspections have been made, all grading work and subdivision improvements have been accepted by the city council.

(b) For projects other than subdivisions, the improvements security shall remain in effect until final inspections have been made and all grading work has been accepted by the city engineer.

(c) In addition to the improvement security, the city engineer may also require the deposit of maintenance security in sufficient amount deemed necessary by him to guarantee and maintain the grading work to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. Said maintenance security shall be in the form acceptable to the city of Colfax and shall remain in effect for a period of one year after the date of acceptance of the improvements as designated in subsections (a) and (b) above.

(d) Any deposit required by the city engineer pursuant to this ordinance shall be payable to the city of Colfax.

(Ord. 483 (Exh. A) (part), 2005)

(a) Upon satisfaction of applicable provisions of this chapter, the improvement and maintenance security deposits will be released.

(b) 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 city may do the required work, or cause it to be done and collect from the permittee or surety all costs incurred thereto, including legal, administrative and inspection costs. Any unused portion of a deposit shall be refunded to the permittee after deduction by the city of the cost of the work. Any costs incurred by the city greater than the security provided will be billed to the owner and become a lien on the property.

(Ord. 483 (Exh. A) (part), 2005)