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(a) Applicants for all Class 1 projects and applicants for Class 2 projects that use the enhanced compliance method shall submit to the County a performance guarantee in the amount specified in subsection (c) as a condition of a demolition or building permit with the exception that County projects are not required to submit a performance guarantee.
(b) Applicants for Class 2 projects using the approved collector compliance method and applicants for all Class 3 projects are not required to submit performance guarantees. Applicants for grading projects are not required to submit performance guarantees under this article.
(c) The amount of a performance guarantee required shall be determined by the following schedule:
Performance Guarantee Values
$0.40 per square foot
$40,000 (100,000 square feet or more)
(d) Performance guarantee amounts in the above table may be reviewed and adjusted periodically by the County Board of Supervisors.
(e) Square footage used to calculate the performance guarantee for an applicable project shall be determined in accordance with section 68.513(c).
(f) A performance guarantee may be in the form of a cash deposit.
(g) Cash deposits for a performance guarantee shall be deposited by the County in an interest-bearing account. The County shall return the performance guarantee plus interest to the DMP permittee upon the County's determination of full compliance with the diversion requirements, or shall return a prorated portion of the performance guarantee with interest less an administrative fee to the DMP permittee based on the degree of compliance with the diversion requirement. The interest amount shall be determined in accordance with the California Government Code section 53079(b).
(h) Any forfeited performance guarantee, including interest on a cash deposit, shall be used by the County to recover the County's administrative costs related to processing the DMPs and DMRs. Any remaining funds shall be used by the County for programs to develop or improve C&D collection, processing, reuse, salvage, and recycling.
(i) If a DMP compliance official determines the DMP permittee fully complied with the diversion requirements, the DMP compliance official shall issue a notice of compliance and release the DMP permittee's performance guarantee refund (described below) within 30 days of final approved DMR submittal. If additional documentation is requested by the DMP compliance official, the DMP permittee shall have 90 days to submit proper documentation. If requested documentation is not submitted by DMP permittee within 90 days of request, DMP permittee will be ineligible to request performance guarantee refund. The performance guarantee refund shall equal the amount of the performance guarantee plus interest (where interest is described in subsection (g) above).
(j) If the DMP compliance official determines the DMP permittee has not demonstrated full compliance with the diversion requirements (based on review of the DMR for the enhanced compliance method or based on review of the approved C&D collector's project report for the approved collector compliance method or through other investigation or means), the DMP compliance official shall calculate the percent of the DMP permittee's compliance rate based on receipts and other proof of diversion. The DMP compliance official shall issue a notice of partial compliance or notice of forfeiture to the DMP permittee reflecting the level of compliance and prorated amount of the performance guarantee refund (described in subsection (i) above) and/or 100% forfeiture in the event of complete non-compliance. The DMP compliance official shall serve the DMP permittee, pursuant to section 11.112 of this code, with a notice of partial compliance or a notice of forfeiture. The DMP permittee shall have 15 days from the date a notice of partial compliance or forfeiture is served to file an appeal under section 68.520.
(k) If a grading, demolition, and/or building permit is cancelled, abandoned, or expired for an applicable project that submitted a performance guarantee pursuant to this section 68.515, County shall refund to the DMP permittee the sum of the performance guarantee and interest (where the interest amount is described in subsection (g) above).
(Added by Ord. No. 9840 (N.S.), effective 4-20-07; amended by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10657 (N.S.), effective 3-13-20)