(A) Required bond. Upon issuance of a certificate of registration, and prior to the commencement of any construction, and continuously thereafter, a provider shall deposit with the Service Director and maintain an irrevocable, unconditional letter of credit or surety bond in an amount determined by the Service Director to be appropriate based upon fair and reasonable criteria. The full amount of the letter of credit or surety bond shall remain in full force and effect throughout the terms and conditions of this chapter and/or until any necessary site restoration is completed to restore the site to a condition comparable or better to that which existed prior to the issuance of certificate of registration. Unless a construction default, problem or deficiency involves an emergency or endangers the safety of the general public, the Service Director shall make all reasonable efforts to allow a provider a period of five calendar days after sending notification in writing to correct or repair any default, problem or deficiency prior to the Service Director’s attachment of the letter of credit or surety bond. Upon attachment, written notice shall be provided to the provider by the Service Director.
(B) Purposes. The letter of credit or surety bond required by this section shall serve as security for:
(1) The faithful performance by the permittee or provider of all terms, conditions and obligations of this chapter;
(2) Any expenditure, damage or loss incurred by the city occasioned by the permittee or provider’s violation of this chapter or its failure to comply with all rules, regulations, orders, permits and other directives of the city issued pursuant to this chapter;
(3) The payment of all compensation due to the city, including permit fees;
(4) The payment of premiums (if any) for the liability insurance required pursuant to this chapter;
(5) The removal of facilities from the rights-of-way pursuant to this chapter;
(6) The payment to the city of any amounts for which the permittee or provider is liable that are not paid by its insurance or other surety; and
(7) The payment of any other amounts which become due to the city pursuant to this chapter or law.
(Prior Code, § 1074.21) (Ord. 76-2018, passed 9-24-2018)