(a) Notice to Principal - Deposit. Whenever the building official finds that a default has occurred in the performance of any term or condition of any relocation permit issued hereunder, he shall give written notice thereof to the principal and to the surety on the bond. In such notice of default he shall state the work to be done, the estimated cost thereof, and the period of time deemed by him to be reasonably necessary for the completion of such work. After receipt of said notice the surety, within the time therein specified, shall either cause the required work to be performed or shall pay over to the building official the estimated cost of doing the work as set forth in the notice plus an additional sum equal to ten percent of the said estimated cost. Upon the receipt of such money the building official shall proceed by such mode as he deems convenient to cause the required work to be performed and completed but he shall incur no liability other than for the expenditure of the said sum in hand therefor.
(b) Noncompliance - Use of Deposit. If a cash bond has been deposited the building official shall give notice of default as provided above, to the principal, and if compliance is not had within the time specified the building official shall proceed without delay and without further notice or proceeding whatever, to use the cash deposit or any portion of said deposit to cause the required work to be done by contract or otherwise in his discretion.
(c) Cash Deposit Returned. The balance, if any, of such cash deposit, upon the completion of the work, shall be returned to the depositor or to his successors or assigns after deducting the cost of the work plus ten percent thereof, which ten percent shall be retained by the city to cover administrative costs of the building department. The building official shall return the cash deposit to the depositor or to his successors or assigns upon the satisfactory completion of the work as herein provided, except any portion thereof which may have been used or deducted as in this section provided.
(d) Demolition. In lieu of completing the work required, the building official may demolish the building or structure and clear, clean and restore the site, pursuant to the provisions of Chapter 9.56 of this code for abatement of nuisances.
(e) Permittee Bound. Every permittee accepting a permit hereunder agrees to be bound by the above provision without recourse to his surety, the building official or the city.
(Ord. 2104 (part), 1962: prior code § 34.712)