1335.06 PERFORMANCE BOND.
   (a)   Each applicant for a certificate of registration shall furnish a performance bond in the sum of five thousand dollars ($5,000) guaranteeing material and workmanship in conformity with the Building Code and other laws of the City.
      (1)   The provisions of this section shall not apply to any contractor performing public work directly for the City or for developer where plans, specifications or contracts are approved by the City .
      (2)   The provisions of this section shall not apply to a homeowner desiring to perform work on his own premises or a homeowner who desires to assume the responsibility as his own general contractor providing that any person or firm employed for such phases of the work who does this type of work as a business is registered as provided herein. The homeowner shall submit an affidavit to the Building Department stating exactly the nature and extent of the work to be performed by the homeowner himself and by others. Any work performed by such homeowner and others shall be subject to all provisions of the Building Code and to all inspections authorized by the Building Department.
         (Ord. 21-1989. Passed 9-12-89.)
   (b)   Contractors or subcontractors who enter in to a contract of any building or excavating or razing of buildings shall post with the Clerk, a cash performance bond of at least two thousand dollars ($2,000) to assure the City that no littering of the streets, alleys or public ways and mud or refuse, sand, gravel, building materials, or any refuse of any description whatsoever, or damage to streets, culverts and drainage ditches shall be done by the contractor or subcontractor.
      (1)   The Clerk is hereby designated with the responsibilities of providing the necessary bond forms as requested by the contractors in order to comply with this chapter and the ordinances and resolutions of the City .
      (2)   In the event the contractor or subcontractor causes or permits the littering of the streets, alleys or public ways with debris or excavating materials by reason of the removal or conveyance of such material on the streets or highways, the contractor or subcontractor shall clean or remove such debris within twenty-four hours after placement of such debris on the streets or highways. If such contractor or subcontractor fails to remove or he is unable to remove such material then such cleaning service shall be rendered by the City at the prevailing hourly rate of its equipment and personnel or equipment and personnel that shall be hired to perform the work.
      (3)   In the event that the contractor or subcontractor causes or permits damage to streets, culverts and drainage ditches, the contractor or subcontractor shall repair such damage within thirty days after the damage to such streets, culverts or drainage ditches. If the contractor or subcontractor fails to repair or is unable to repair then the City may perform such repair work at the prevailing hourly rate of its equipment and personnel or equipment and personnel that shall be hired to perform the work.
      (4)   The City shall render a bill for such services rendered to the contractor or subcontractor and if such bill remains unpaid for a period exceeding thirty days then the cash performance bond shall be forfeited by the contractor and the contractor shall be prohibited from performing any additional work within the City until a subsequent cash performance bond is posted with the Clerk in an amount satisfactory to the City in relationship to the work to be performed by the contractor or subcontractor.
         (Ord. 3-1993. Passed 5-11-93.)