Prior to the commencement of any construction, a Right-of-Way Permittee, excluding the county or city shall deposit with the Public Works Director, in a form acceptable to the Director of Law, an irrevocable, unconditional letter of credit and/or surety bond in an amount determined by the Public Works Director to be appropriate, based upon fair and reasonable criteria. Unless a construction default, problem, or deficiency involves an emergency or endangers the safety of the general public, the Public Works Director shall serve the Right-of-Way Permittee with notice detailing any construction default, problem, or deficiency. If the Public Works Director determines that correction or repair of the construction default, problem or deficiency has not occurred or has not been substantially initiated within ten calendar days after the date following service of notification and detailing the construction default, problem or deficiency, then the city may attach the letter of credit or surety bond. Upon attachment, written notice shall be served on the Right-of-Way Permittee by the Public Works Director.
(Ord. 24-2004, passed 12-20-04)