§ 153.307  PERFORMANCE BONDING FOR COMPLIANCE (PERFORMANCE GUARANTEE).
   (A)   Purpose.  Upon authorizing any certificate of zoning compliance, special use permit, or variance, the body or official which administers the respective request, as designated by this chapter, may require that a cash or surety bond be submitted:
      (1)   To ensure compliance with any and all the requirements, specifications, and conditions imposed with the permit or variance; and
      (2)   To ensure the discontinuance of a temporary use by a stipulated time.
   (B)   Amount of bond.  The amount of bond to be submitted by the applicant shall be equal to the total estimated cost of all required improvements and conditions of site plan and zoning approval, including contingencies.  If development is staged or phased over time, a separate bond for each phase shall be submitted at the beginning of each phase as a prerequisite.  All improvements and conditions shall be satisfactorily completed prior to issuance of a certificate of occupancy.  However, one 9-month extension beyond issuance of a certificate of occupancy may be permitted by the Zoning Administrator.
   (C)   Return of performance bonds and rebates.  During project development, as specific improvements and conditions of site plan and zoning approval are satisfactorily completed, as attested to by the Zoning Administrator, the City Commission shall direct the City Clerk to return or rebate a portion of the cash or surety bond equal to the cost of the specific improvement or condition complied with.
   (D)   Withholding and partial withholding of performance bonds.  Upon the failure to comply with any or all of the requirements of this chapter, an approved site plan, or with any or all conditions of zoning approval, the bond, or portion thereof, shall be forfeited by the applicant.  The City Commission shall determine the cost of the zoning and site plan requirements to be completed according to the most current construction prices, including the cost of administration.  The amount determined shall be the amount of bond forfeited toward zoning enforcement upon the site, and/or toward completing the necessary improvements, requirements, or conditions of zoning approval upon the site.
   (E)   Performance bond for razing of building.  The Zoning Administrator shall require a bond prior to the razing or demolition of principal structures and accessory structures having more than 144 square feet of floor area.  The bond shall be determined according to a guideline of $15,000 for each 1,000 square feet or fraction thereof of floor area of the structure to be razed.  The bond shall be conditioned on the applicant completing the razing within any reasonable period as shall be prescribed in the permit and complying with regulations as to health and safety as the Zoning Administrator, Fire Inspector, or the City Commission may from time to time prescribe, including filling of excavation and proper termination of utility connections.
(1993 Code, § 154.222)  (Ord. 84-1, passed 1-3-1984)