Dublin Municipal Code Art. VII Improvement Security

As a condition for the issuance of a permit, the Director of Public Works may require the deposit of improvement security in sufficient amount deemed necessary by him 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 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. Such 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 applicant and a corporate surety authorized to do business in this state.

(Ord. 56-87 § 63 (a))

In the case of subdivisions the improvement security shall remain in effect until one year after final inspections have been made, all grading work and subdivision improvements have been accepted by the City Council, and all other requirements of the subdivision contract have been satisfied. This security shall be extended if, after a one-year maintenance period has expired, defects in the improvements have not been corrected. Once the defects have been corrected to the satisfaction of the Director of Public Works the Director of Public Works will write a letter releasing the securities.

(Ord. 56-87 § 63 (b))

For projects other than subdivisions, the improvement security shall remain in effect until one year after final inspections have been made and all grading work has been acknowledged as being complete by the Director of Public Works.

(Ord. 56-87 § 63 (c))

After acceptance or acknowledgement of completion, the Director of Public Works shall allow the reduction of the security to a 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. Such maintenance 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 applicant and a corporate surety authorized to do business in this State and shall remain in effect for a period of one year after the date of acceptance or acknowledgement as designated in Sections 7.16.630 and 7.16.640.

(Ord. 56-87 § 63 (d))

Any bond or deposit required by the Director of Public Works pursuant to this chapter shall be payable to the city.

(Ord. 56-87 § 63 (e))

Upon satisfaction of applicable provisions of this chapter, the improvement and maintenance security deposits or bonds will be released. 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 city may do the required work or cause it to be done and collect from the permittee or surety all costs incurred thereto, including, but not limited to, administrative, legal, design, construction management, and inspection costs. Any unused portion of a deposit or bond shall be refunded to the permittee after deduction by the city of the cost of the work.

(Ord. 56-87 § 63 (f))