A. Security; Required. A grading permit shall not be issued unless the permittee first posts a security with the city comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the state of California, in an amount specified in Subarticle 9 of the Grading Manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance.
B. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the city engineer.
C. A cash deposit in an amount determined by the city engineer may be required to ensure the elimination of hazardous conditions or the emergency maintenance of erosion and sediment control devices. A cash amount in an amount determined by the city engineer may be required for permits involving temporary earthen stockpiles to ensure their timely removal.
D. Failure to Complete the Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order work required by the permit to be completed or put in a safe condition to his or her satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done.
E. Default in Performance of Conditions. Whenever the city engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this chapter, written notice thereof shall be given to the principal and when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the city engineer to be reasonably necessary for the completion of such work.
After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys the city engineer may cause the required work to be performed and completed. The surety shall pay the city engineer actual costs in excess of the estimate amount plus a mobilization charge as specified in Section 15.52.300C.
(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)