(a) The Director DPW may, with the concurrence of the Director PDS, allow a property owner to enter into one or more of the following agreements in lieu of requiring the property owner to install improvements before the County issues a building permit:
(1) An agreement secured by (A) a bond or bonds by one or more authorized corporate sureties, (B) an irrevocable letter of credit from a banking institution approved by the County or (C) a deposit of funds, negotiable securities or a combination of funds and securities. The Director may reject any security offered to secure an agreement if the Director determines that the security is not adequate to secure completion of the required improvements.
(2) A lien agreement for improvements required by this chapter which enters a lien in favor of the County in an amount that the Director DPW determines will be sufficient to complete the improvements. The lien amount shall be based upon the Director DPW's estimate of the future cost of completing the improvements at the time the County will require the improvements to be constructed. The lien shall be recorded against the property on which construction is proposed and shall not be subordinate to any other lien or encumbrance on the property.
(b) In lieu of an agreement under subsection (a)(1) above, the Director DPW, with the concurrence, may accept an agreement for which adequate security has been furnished, filed with the Clerk of the Board pursuant to Government Code sections 66410 et seq. (Subdivision Map Act) or County Code sections 81.101 et seq.
(c) An agreement under subsection (a) above shall require the improvements to be completed before any person shall occupy any building constructed, erected or altered that is subject to this chapter or within two years from the date of the agreement, whichever comes first. If completion of the improvements secured by a lien in subsection (a)(2) above is not needed to comply with a requirement of the California Environmental Quality Act and the Director DPW determines that it would not be in the public interest to require completion of the improvements within two years, the Director DPW may allow a longer period for the duration of the lien agreement or may allow the agreement to provide that the improvements shall be completed after notice by the County.
(Added by Ord. No. 9974 (N.S.), effective 4-3-09; amended by Ord. No. 10224 (N.S.), effective 10-25-12)