Nevada City Municipal Code Ch. 16.16 Improvement Agreements

When any improvements are required as a condition of approval of any permit, compliance therewith may be gained and a temporary occupancy permit, limited to a maximum of one year, may be issued therefor if:

A. Such interim compliance is requested and approved by the planning commission; and if

B. A finding is made that no adverse impacts affecting the public health, safety and welfare (either interim or long-term), will result from the interim use of the property without full compliance with the conditions to be deferred; and if

C. A site improvement agreement is executed by and between the city and the developer specifying the terms and conditions for any such interim occupancy together with the posting of adequate security, all to be in the form as approved by the city attorney.

(Ord. 87-3 § 1 (part), 1987)

The guarantee shall be posted with the city named as beneficiary.

(Ord. 87-3 § 1 (part), 1987)

A. A surety or other guarantee shall be in a form approved by the city attorney, including default provisions, and shall provide that in the event suit is brought upon the surety by the city and judgment is recovered, the surety shall pay all costs incurred by the city in such suit including reasonable attorney's fees to be fixed by the court.

B. The guarantee shall be an amount based on an estimate of an engineer, architect or landscape architect which is equal to the actual cost of completing the specified improvements, using general prevailing costs, restoration or satisfying conditions of approval, plus twenty-five percent to compensate for increased cost in materials and labor; provided, however, that where a guarantee is required by a land use permit, conditions of approval to preserve identified site features, the guarantee shall be in such an amount as the planning commission deems necessary to assure compliance with applicable conditions.

C. At the request of an applicant, or prior to the expiration of a surety or guarantee, the city staff will review the project, and issue a completion statement if all provisions of this chapter and conditions of approval have been met. Upon issuance of the completion statement, the guarantee, surety or cash deposit will be released. If the city staff determines that the project does not meet the applicable requirements, the applicant shall be notified in writing of such deficiencies. A time period for their corrections shall be mutually agreed upon by the applicant and the city staff, with the surety being held until all requirements have been met. In cases where no agreement is reached, following written notification by the city staff, or where an agreed time period for completion is exceeded, the surety shall be called and the city shall have the authority to contract for the work.

(Ord. 87-3 § 1 (part), 1987)

Nothing contained in this chapter shall be construed to authorize the delay of complying with all sanitation and building laws and ordinances.

(Ord. 87-3 § 1 (part), 1987)