Costa Mesa Municipal Code § 5-115 Bond requirements

Prior to issuance of any relocation permit the applicant shall post a bond, by a surety company authorized to do business in this state and acceptable to the city, or a cash deposit for the purpose of assuring the following:

(a) A completion bond for building construction determined necessary to comply with the provisions herein.

(b) A time limitation for completion of said relocation within 90 days after issuance of a housemover's permit, unless otherwise extended for good and sufficient cause by the planning commission.

(c) Said bond or deposit shall consist of a sum or sums sufficient to cover the costs of completing the relocation of the subject building or structure, the on-site and off-site improvements and all conditions imposed as determined by the planning director, plus reasonable administrative costs not to exceed 15% of the total or $1,000 minimum, whichever is greater. In no event shall the principal sum of said bond or deposit be less than $1,000.

(d) The surety on said bond or cash deposit shall not be released until said relocation has been completed in full to the satisfaction of the development services director or his designee and planning expressed in writing.

(e) Such other terms and conditions as shall be required by the development services director or his designee to effectuate the intent and purpose herein.

(Ord. No. 75-45, § 2, 9-16-75)

(a) When the project has been completed as herein set forth the city shall exonerate the surety thereon or refund the excess of cash deposit received, less any sums determined to be due to the city hereunder, including administrative costs. In the event that said sums are insufficient to cover said costs the amount due shall be a debt to the city and collectible as provided by law.

(b) Whenever it is determined by the city that a default has occurred in the performance of any term or condition required in this chapter, written notice shall be given to the permittee, principal on the bond and surety of same with request to comply within a time certain or have the city complete or cause to have completed the work undone. If the permittee, surety or other responsible persons fail to act within said time the city shall complete, or cause to have said work completed, or abate the condition as a nuisance at city's option. All costs incurred by the city in so acting, including said administrative costs, shall be and are hereby declared to be a lien on the real property upon which said building or structure has been relocated and enforceable and collectible as provided by law.

(Ord. No. 75-45, § 2, 9-16-75)