§ 86.06.050  Performance Guarantees.
   (a)   Deposit of Security.
      (1)   As a condition of approval of a Conditional Use Permit, Minor Use Permit, Major or Minor Variance, Planned Development Permit, Special Use Permit, Temporary Special Event Permit, Temporary Use Permit, or upon a finding that the County’s health, safety, and welfare warrant, the review authority may require the execution of a covenant to deposit security, and the deposit of security in a reasonable amount to ensure the faithful performance of one or more of the conditions of approval of the Conditional Use Permit, Minor Use Permit, Major or Minor Variance, Planned Development Permit, Special Use Permit, Temporary Special Event Permit, or Temporary Use Permit in the event that the obligor fails to perform.
      (2)   The applicant/owner may elect to provide adequate security for the faithful performance of a condition(s) of approval imposed as part of the approval process if the Director determines that the condition(s) may be implemented at a later specified date (e.g., inability to install required landscaping due to poor weather conditions).
      (3)   The security shall, as required by law or otherwise at the option of the County, be in the form of cash, a certified or cashier’s check, letter of credit, a performance bond or other form of surety executed by the applicant and a corporate surety authorized to do business in California and approved by the County.
      (4)   The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the Director.
      (5)   Any security required in compliance with this Section shall be payable to the County.
   (b)   Release of Security.  Upon satisfactory compliance with all applicable provisions of this Section, the security deposit shall be released.
   (c)   Failure to Comply.
      (1)   Upon failure to perform any secured condition, the County may perform the condition, or cause it to be done, and may collect from the obligor, and surety in case of a bond, all costs incurred, including administrative, engineering, legal, and inspection costs.
      (2)   Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
      (3)   To the extent that the Director can demonstrate that the obligor willfully breached an obligation in a manner that the obligor knew, or should have known, would create irreparable harm to the County, the entire amount of the bond or deposit may be withheld.
      (4)   The Director’s determination may be appealed to the Board by the obligor by filing an appeal with the Clerk of the Board within ten days after the decision to withhold the bond, in compliance with Chapter 86.08 (Appeals).
(Ord. 4011, passed - -2007)