A. Cash Bond Required: Prior to the issuance of any permit hereunder for any alterations or repairs to an existing individual sewage disposal system, or for installation of each such new individual sewage disposal system, the applicant for such permit shall post and deposit, for the benefit of this village, a cash performance bond in the amount as specified from time to time in section 1-10-7 of this code.
The cash performance bond required in connection with each such permit shall be refunded to the applicant upon written request of the applicant if the enforcement officer determines that all requirements of this title and all other applicable ordinances or state statutes have been complied with in connection with the installation, repair or alteration of said individual sewage disposal system and that the system has been replaced or repaired in the event of any failure thereof occurring, within one year after an occupancy permit is issued, if one was required within one year after the initial installation, repair or alteration is completed, whichever is later; otherwise, said cash performance bond shall be forfeited to the village in the manner hereinafter provided, without prejudice to the rights of the village to require compliance with all its rules, regulations, ordinances and state statutes.
B. Forfeiture: Any failure to comply with the specifications of this title or any other applicable provisions of this code or other applicable ordinances of this village shall result in the forfeiture of any such cash bond held by the village; provided, however, that prior to any such forfeiture, the village shall give thirty (30) days' written notice to the applicant by United States mail, postage prepaid, at his last known address, that such action is contemplated and that the applicant has the right to request a hearing before the enforcement officer on the question of such forfeiture within that time period, and that if such applicant fails to do so, said bond shall be automatically forfeited. If any such cash bond is unclaimed for two (2) years, the same may be forfeited to the village by resolution adopted by the village board; provided, however, that prior to the passage of such a resolution, the applicant shall be given thirty (30) days' written notice by United States mail, postage prepaid, at his last known address, that such forfeiture is contemplated if such applicant fails to claim the funds in question within that time period. (Ord. 2008-O-05, 2-5-2008)