The following bond requirements are established for surface extraction of earth products:
A. A cash or surety bond in the amount set by the city, or the city's current bond fee schedule. If required by the city, the applicant will prepare an estimate of reclamation costs to be used in valuing the bond. It shall be posted by the applicant to guarantee compliance with the provisions of this chapter and the nuisance provisions of this code. A violation of either provision shall be sufficient grounds for forfeiture of the bond to the city.
B. The city will reevaluate the amount of the bond based upon current costs of reclamation and the amount of reclamation and/or excavation that has occurred during the prior year. The bond amount may be increased if the city determines that an increase is warranted. If determined necessary by the city, the amount of the bond may be reevaluated more frequently than once per year.
C. Any bond shall be accompanied by an agreement between the city and the applicant (plus the property owner if the latter is not also the applicant) wherein the city agrees to return the bond at the completion of work if the standards of this section have been met, and the applicant and property owner agree that the bond shall be forfeited in the event of noncompliance and to permit the city or its contractor to enter upon the land to close operations and reclaim the excavated or filled areas. Any ambiguity or deficiency in the wording of the bond agreement shall be interpreted to include the terms of this section.
D. It shall be a violation of this chapter to not complete the reclamation within one year of cessation of operations and grounds for forfeiture of bond. The "trigger" for such forfeiture shall be any two (2) year period of time in which no material is extracted, or any one year period when there is no current business license or valid zoning compliance permit in effect.
E. Notwithstanding the forfeiture of the bond, the applicant shall retain individual responsibility to fully comply with this chapter, the terms of the permits issued thereunder, and the balance of any expense not covered by the bond to reclaim the property. However, this chapter shall not impose an affirmative duty upon the city to expend time or resources to reclaim the subject property beyond that which can be done with the forfeited bond funds. (1984 Code § 15.46.040; amd. 2015 Code)