Mission Viejo Municipal Code Div. 7 Security

(a) Required. A grading permit shall not be issued unless the permittee shall first post with the director an approved bond or other approved security in an amount specified in subarticle 7 of the grading manual. The security is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions. This requirement may be waived at the discretion of the director if he determines that:

(1) No hazardous situation is likely to occur as a result of incomplete or improper grading;

(2) No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading;

(3) No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading;

(4) No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or

(5) No conditions of the permit warrant a financial guarantee to assure their satisfactory completion.

(b) Additional security. An additional cash security in an amount determined by the director may be required to ensure the completion of finish grading under the permit as a condition of occupancy and energizing utilities. Security in an amount determined by the director may be required for permits involving temporary earthen stockpiles to ensure their timely removal.

(c) Failure to complete work. In the event of failure to comply with all of the conditions and terms of the permit, the director may order the work authorized by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such work to be done. In the case of a cash deposit, such deposit or any unused portion thereof shall be refunded to the permittee.

(d) Default in performance of conditions. Whenever the director finds or determines that a default has occurred in the performance of any requirement of a condition of a permit, written notice thereof shall be given to the principal and, when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the director to be reasonably necessary for the completion. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the director the estimated cost of doing the work as set forth in the notice. Upon receipt of such monies the director may cause the required work to be performed and completed. The surety shall pay the director actual costs in excess of the estimated amount plus a mobilization charge specified in section 8.10.620.

(Ord. No. 10-286, § 2, 12-6-10)

Prior to the release of security, the following items shall be completed unless waived by the director:

(a) Completion of all improvements to the satisfaction of the director;

(b) Approval of all required certifications and reports for the permit;

(c) Approval of as-built plans for the permit; and

(d) Payment of any outstanding fees required to renew the permit prior to release of the security. The grading permit must be valid at time of release of security.

(Ord. No. 10-286, § 2, 12-6-10)