Article 3 — Procedure

Any person required to dedicate land by the provisions of this division shall deliver an offer to dedicate, properly executed by all parties owning an interest, including beneficiaries and trustees in deeds of trust, as shown by a current title report, furnished by the applicant, and acceptable to the Public Works Department. The offer shall: A. Be on a form approved by the County Counsel and the Public Works Director; B. Be in such terms as to be binding on the owner, his or her heirs, assigns or successors in interest; and

C. Continue until the City Council accepts or reject it. The applicant shall file the offer with the Public Works Department, which (if it finds it to be in order) shall present it to the City Council. Within twenty (20) days, the City Council shall accept or reject the offer for recordation. If it is accepted, its clerk shall notify the Building Inspection Department and promptly record the offer with the County Recorder. (CCCC § 1006-2.602)

Dedication(s) hereunder shall be considered as satisfactorily assured when the City Council accepts for recordation the offer to dedicate. (CCCC § 1006-2.604)

Any person required by this division to make improvements shall file with the Public Works Director a bond in such an amount as the Director determines to be necessary to complete all of the improvements required. Such bond may be either a cash bond, or a bond executed by the lot owner as principal and a company authorized to act as a surety in this state. The bond shall be payable to the city and be conditioned upon the faithful performance of all required work; and it shall provide that if such work is not completed within the time specified, the city may have it completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. (CCCC § 1006-2.606)

On any default or failure on the part of the owner (principal) to fully, faithfully and properly do or complete any of the required improvements, the city may have part or all of the work done, and may collect the costs caused thereby from the cash deposit (refunding any remainder) or enforce collection thereof under the surety bond. (CCCC § 1006-2.608)

The term of the (cash and/or surety) bond required by this division shall begin when the cash is deposited or the surety bond is filed, and shall end when the Public Works Director accepts in writing the required improvements as completed to his or her satisfaction, after which the deposit and/or surety bond shall be refunded and/or exonerated as appropriate. (CCCC § 1006-2.610)

Improvements hereunder shall be considered as satisfactorily assured when the Public Works Director accepts the cash or surety bond hereunder or accepts the required improvements as completed to his or her satisfaction; and he or she shall notify the Building Inspection Department when improvements have been assured. (CCCC § 1006-2.612)

When all dedications(s) and improvement(s) required by this division have been satisfactorily assured, a building permit may be issued. (CCCC § 1006-2.614)

Notwithstanding any other provisions of this code, no fees shall be charged for any service by the city in connection with any dedication or improvement required by this division and not a part of a subdivision or conditional use permit proceeding. (CCCC § 1006-2.802)