Chapter 16.44 — BONDS AND DEPOSITS

• A. If the subdivider enters into an agreement with the county for completion of improvements, the subdivider shall furnish security to guarantee the successful completion of the improvements specified in the agreement. The improvement security shall be governed by Section 66499 of the Subdivision Map Act, and these local ordinances.

• B. Improvement security shall be one of the following at the option of and subject to the approval of the county of Inyo.

  1. Bond or bonds by one or more duly authorized corporate sureties;

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

3. An instrument 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.

(Ord. 409, 1981)

Upon entering into an agreement with the county for completion of improvements referred to in Chapter 16.40, the subdivider shall furnish security to guarantee the completion of all improvements in the agreement in the following amounts:

• A. Faithful performance. One hundred percent of the total estimated cost of the improvements to insure faithful performance of all improvements to be completed;

• B. Labor and materials. One hundred percent of the total estimated cost of the improvements to secure payment for the contractor, his subcontractors and to persons furnishing labor and materials for all improvements to be completed;

• C. Enforcement of agreements. Five percent of the total estimated cost of the improvements, or one thousand dollars, whichever is greater, to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the county in successfully enforcing the obligation secured.

• (Ord. 409, 1981)

In any case where the actual cost of plan preparation, plan checking, inspection or other services performed by an officer or department of the county (except in the case where the deposit is set as a fixed charge by county ordinance) is less than the amount deposited, the county shall refund to the depositor any amount still remaining in the same manner as provided by law for repayment of trust moneys.

(Ord. 409, 1981)

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Inyo County, CA

SUBDIVISIONS

§ 16.44.040

§ 16.44.080

If any deposit made pursuant to Section 16.44.010 is less than sufficient to pay all of the costs of plan checking, inspection, etc., the subdivider, upon demand of the county engineer or county controller, shall pay the county an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the county may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered uncompleted.

(Ord. 409, 1981)

The agreement referred to in Section 16.28.090 shall be accompanied by a faithful performance bond in a penal sum which, in the opinion of the county surveyor, equals the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every respect complying with such agreement. (Ord. 409, 1981)

• A. When any improvement has been completed to the satisfaction of the department of public works, and upon written request from the subdivider, the county will release that portion of the security for the faithful performance of the completed improvement, excepting that portion retained for the guarantee and warranty.

• B. The labor and material security securing the payment to the contractor, his subcontractors, and to persons furnishing labor, materials and equipment for any improvement shall be retained for six months after the acceptance of the improvement by the department of public works. This security, upon written request by the subdivider, shall then be reduced to an amount not less than the total of all claims on which an action has been filed and written notice given to the board of supervisors. If no such actions have been filed the security shall be released in full upon written request by the subdivider.

• C. This portion of the security for the enforcing of the obligation secured shall be released at the time the security for the guarantee and warranty is released.

• (Ord. 409, 1981)

• A. Upon completion by the subdivider of all required acts and improvements specified in the agreement between the subdivider and the county and upon acceptance of these improvements by the public works department, there will be a twenty percent retention of the faithful performance security for one year to guarantee workmanship and materials.

• B. The subdivider shall furnish security in the form specified under improvement security to guarantee workmanship and materials for streets, curbs, sidewalks and accessories which have been completed before the filing of the final or parcel map. The amount of the security shall be twenty percent of the total cost of these improvements and shall be retained for one year after the filing with the recorder of the final or parcel map.

• (Ord. 409, 1981)

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Inyo County, CA § 16.44.080

INYO COUNTY CODE

§ 16.44.080

Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the board of supervisors may, upon notice in writing of not less than ten days served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than twenty days served by certified mail addressed to the last known address of the person, firm or corporation signing such contract, determine that the improvement work or any part thereof is uncompleted and may cause to be forfeited to the county such portion of the sum of money or bonds given for the faithful performance of the work, or may cash any savings and loan certificates or shares deposited and assigned to assure the faithful performance of the work in such amount as may be necessary to complete such improvement work. (Ord. 409, 1981)

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Inyo County, CA

SUBDIVISIONS

§ 16.48.010

§ 16.48.050

CHAPTER 16.48 CERTIFICATE OF COMPLIANCE

An applicant may request a certificate of compliance to certify that an existing parcel of land was created in compliance with the provisions of the Subdivision Map Act and local ordinances enacted pursuant thereto.

(Ord. 409, 1981; Ord. 1139 § 4, 2008)

The certificate of compliance application and accompanying data shall be submitted to the planning department. The information to be submitted is contained on the application form obtained from the planning department. The planning department shall indicate the date of the filing upon all copies of the certificate of compliance application and accompanying data, and thereafter shall submit one copy of the exhibit map to the county subdivision committee members and any other agencies that may have an interest in the proposal. (Ord. 409, 1981; Ord. 1139 § 4, 2008)

At the time of submission, the persons submitting the certificate of compliance application shall pay a filing fee. The amount of the filing fee for certificate of compliances shall be as set by the board of supervisors.

(Ord. 409, 1981; Ord. 1139 § 4, 2008)

• A. Before submitting a certificate of compliance the applicant shall obtain a certificate of compliance number. Numbers for certificate of compliances shall be assigned by the county planning department.

• B. When a certificate of compliance number has been assigned, the applicant shall place the number upon each application and exhibit map and the number shall not thereafter be changed or altered in any manner unless and until a new number has been assigned.

• (Ord. 409, 1981; Ord. 942 § 3, 1994; Ord. 1139 § 4, 2008)

The exhibit map, if required, shall show and contain the following matters as an aid to the advisory agency and its consideration of the application:

• A. The certificate of compliance number as secured from the county planning department;

• B. Sufficient legal description of the land as to define the boundaries;

• C. A vicinity map;

• D. Locations, names and existing widths of all adjoining highways, streets and ways;

• E. Widths and approximate locations of all existing and proposed easements, whether public

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Inyo County, CA § 16.48.050

INYO COUNTY CODE

• F. The approximate lot layout and the approximate dimensions of each lot (if the certificate is for multiple lots);

• G. Approximate boundary of all areas subject to inundation or storm water overflow, and the locations, widths and directions of the flow of all watercourses;

• H. Source of water supply;

• I. Proposed method of sewage disposal;

• J. Date, north point and scale;

• K. Number for each lot;

• L. Existing use(s) of the property and the approximate outline, to scale, of any existing buildings or structures and their locations in relation to existing streets.

• (Ord. 409, 1981; Ord. 1139 § 4, 2008)

A current title report, no older than thirty days, shall be submitted for all lots or parcels for which a certificate of compliance is being requested. Additional parcel creation information may be required upon review of the title report.

(Ord. 409, 1981; Ord. 1139 § 4, 2008)

• A. Certificate of compliance for the certification of the legality of an existing parcel(s) shall be approved by the director of the planning department. If it is determined that an existing parcel of land was created in compliance with the provisions of the Subdivision Map Act and local ordinance enacted pursuant thereto, the director of planning shall file with the county recorder the certificate of compliance.

• B. If the lot or parcel for which a certificate of compliance is requested cannot be certified as a legally created lot or parcel, the planning director shall refer the certificate of compliance to the advisory agency for review. The advisory agency shall designate conditions to be placed on the certificate of compliance necessary to bring the parcel or lot into compliance with law. The advisory agency may condition the certificate of compliance on the filing of a parcel or final map for the lot or parcel if the advisory agency deems it appropriate.

• (Ord. 409, 1981; Ord. 1139 § 4, 2008)

Any reports or recommendations on the certificate of compliance submitted to the advisory agency or board of supervisors by the planning department, shall be submitted in writing to the applicant prior to final action on the certificate of compliance by the advisory agency or board of supervisors. Such required submission in writing is satisfied when such reports or recommendations are placed in the mail directed to the applicant at his or her designated address and bearing the proper postage.

(Ord. 409, 1981; Ord. 1139 § 4, 2008)

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Inyo County, CA

SUBDIVISIONS

§ 16.52.010

§ 16.52.040