§ 1443.08 FEES; PERFORMANCE BONDS.
   (A)   In general. A permit to begin work shall not be issued until the fees prescribed in this Building Code have been paid, nor shall an amendment to a permit necessitating an additional fee be approved until the additional fee(s) have been paid.
   (B)   Additional fees. The payment of the fee(s) for work contemplated by a permit shall not relieve the applicant or holder of the permit from the payment of all other fee(s) that are prescribed by law or ordinance, both within and without the Building Department.
   (C)   Permit and certificate of occupancy fees. The fees for permits and certificates of occupancy are set forth in Chapter 1444.
   (D)   Re-inspection fees.  
      (1)   No person shall request a Building Department inspection until the work or project for which a permit has previously been issued is completed, or until that portion of any project for which a separate permit has previously been issued is ready for inspection.
      (2)   If an inspection has been requested and the work or project is found to be at a stage such that it is “not ready” for inspection, the work shall be re-inspected upon the payment of a $50 fee for the re-inspection. The ultimate responsibility for the payment of a re-inspection fee shall be borne by the original applicant for the permit.
   (E)   Performance bond or letter of credit required. As a condition precedent to the issuance of any building permit for the rehabilitation, alteration or change in any manner to an existing structure, or for the reissuance of any permit pursuant to § 1443.07, the applicant shall file with the Director a duly completed and executed performance completion bond or irrevocable letter of credit, and a 10% cash warranty. The bond or letter of credit shall be in the amount of 125% of the estimated costs under the permit. The estimated costs shall be based, and verified, by the costs shown on the contracts signed between the owner and all contractors for the actual costs of the construction and/or installations. The performance bond shall be approved by the city’s Law Department as good, valid and enforceable by the city, securing the satisfactory completion of all work in strict accordance with the description, plans and specifications submitted by the applicant and approved by the Director in the building permit.
   (F)   Filing a performance bond or letter of credit and cash warranty.
      (1)   To verify the estimated costs for construction and/or installation, the applicant shall provide the Director with a copy of all contracts signed between the owner and all contractors. If work is to be done by the applicant himself or herself, the applicant shall provide the Director with an itemization of all work to be done by the applicant, a listing of all materials to be used and their cost. If accurate, verifiable cost estimates are not supplied or are not available, the Director, using his or her knowledge, expertise and experience in the field, shall estimate the costs involved.
      (2)   The Director shall then notify the applicant of the performance bond requirements and the amounts of the 10% cash warranty and the 125% performance bond or letter of credit.
      (3)   The Director shall review and approve the performance bond or letter of credit and then forward the same to the city’s Law Department for approval as to form. The Director shall review and approve the cash warranty and then forward the same to the Director of Finance.
      (4)   Upon approval by the city’s Law Department, the performance bond or letter of credit will be filed with the Director of Finance. Copies of the ratified performance bond or letter of credit shall be forwarded to the Director.
   (G)   Release of performance bond or letter of credit and cash warranty. If the construction and/or installation is completed in a workmanlike manner, on time and in accordance with the building permit and this Building Code, the Director shall notify the Director of Finance, in writing, to release the performance bond or letter of credit to the applicant. Within 14 days after the notification by the Director, the Director of Finance shall also release and return to the applicant the 10% cash warranty.
   (H)   Forfeiture of performance bond, letter of credit and cash warranty. In the event the construction and/or installation in accordance with the building permit is not completed within the time allowed, or any extension thereof, or fails to meet the specifications of the building permit or this Building Code, the performance bond, letter of credit or cash warranty shall be deemed forfeited for the purpose of completing the construction and/or installation in accordance with the building permit. The performance bond, letter of credit or cash warranty shall be deemed forfeited by the applicant in an amount that is required to complete all the construction and/or installation allowed under the building permit.
   (I)   Completion of construction and/or installation with forfeited funds. Upon forfeiture, as described in division (H) hereof, the Director shall determine the amount and type of work required to complete the construction and/or installation in accordance with the building permit. The Director shall then obtain bids from no less than three contractors, licensed and bonded with the city, for completion of the work. The bid shall be let to the lowest responsible bidder.
(Ord. 96-21, passed 5-14-1996)