(a) All permittees under this Article and their agents, contractors, and sub-contractors must comply with all applicable provisions of this Article. Until the County accepts a road constructed under this Article for maintenance, the permittees, their agents, contractors, and sub-contractors and the bond given under this Article remain liable for the faithful performance all requirements.
(b) After completion and final inspection of a road, the County must either accept the road, if the Director of Permitting Services finds that its construction has met all requirements of this Article, and release the bond, or the Director must reject the road by written notice to the permittee and surety, where an acceptable security was posted, specifying the reasons for rejection by reference to the particular requirement which has been violated, and allow a specified reasonable time for the permittee or surety to comply with all applicable requirements.
(c) If the permittee or surety does not, within the time specified, complete the construction as required, the Director must take any necessary action to cause the construction to comply with this Article. The permittee and surety are jointly liable for any expense incurred thereby.
(d) If cash has been deposited under subsection 49-37(c) and a road is not accepted, the County may withhold any funds remaining in the cash deposit account until the permittee complies with this Article. If the permittee does not comply, the County may declare a forfeit of any amount need to bring the road into compliance. (Mont. Co. Code 1965, § 103-19; Ord. No. 6-52; 1971 L.M.C., ch. 3, § 48; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, § 1.)
Section 49-39, formerly Section 49-42, was renumbered, amended and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-39 was renumbered Section 49-36 pursuant to 2007, ch. 8, § 1
Editor’s note—Former Section 49-39A was incorporated into Section 49-36 pursuant to 2007, ch. 8, § 1