Moraga Municipal Code Ch. 14.28 Security

As a condition of issuing a permit, the town may require the permittee to post a surety bond and/or to provide other security in an amount determined by the town. The security shall be of sufficient amount to insure compliance with the conditions of the permit, this chapter, and to repair any damage that may result from the permitted:

A. Amount. The amount of the security shall be determined by the town after consideration of the estimated cost of the work, the possible consequences of noncompletion, particularly with respect to adjacent properties, public safety and any other relevant factors, including, but not limited to:

1. The performance of the work delineated on approved revegetation, planting or landscaping plan in an amount to be determined by the town but not less than one hundred (100) percent of the approved estimated cost of performing the work,

2. The performance of the work described and delineated in the applicant's stormwater pollution prevention plan in an amount as approved by the town as set forth in this chapter but not less than one hundred (100) percent of the approved estimated cost of performing the work,

3. The performance of the work described and delineated in the applicant's best management practices plan in an amount to be determined by the town but not less than one hundred (100) percent of the approved estimated cost of performing the work;

B. Term. The security shall remain in full force and effect until the statement of completion in accordance with Section 14.56.030 of this code has been accepted by the town;

C. Form. The security shall be in a form approved by the town.

(Ord. 210 (part), 2006)

Whenever the town engineer finds that the permittee has failed to comply with the conditions of the permit, this chapter or to repair damage resulting from the permitted grading, he or she shall give written notice thereof ("Notice of Default") separately to the permittee and surety, giving the permittee an opportunity to cure. The notice of default shall state the work to be done to achieve a safe and satisfactory condition, its estimated cost, and the period of time deemed reasonably necessary to complete the work.

(Ord. 210 (part), 2006)

Should the required work specified in the notice of default not be cured within the time specified by the town, the town engineer or surety or any person employed or engaged on behalf of either, shall have the right to go on the site to complete the required work. If the town completes the required work, the town may deduct the cost thereof from any cash deposit or collect such amount from the surety.

No person shall interfere with, obstruct, hinder, or prevent the ingress or egress to or from any such premises by which an authorized representative, or agent of any surety, or of the town is engaged in completing the work required under the permit, checking on compliance of the work with the terms or conditions of the permit and the provisions of this chapter, or taking emergency actions for the protection of the public and abutting properties.

(Ord. 210 (part), 2006)

The security shall be conditioned on the faithful performance of the work under the permit and the immediate abatement of any hazardous conditions. Failure of the permittee to abate such hazard(s) shall be considered noncompliance in accordance with Chapter 14.52 of this code.

(Ord. 210 (part), 2006)