(a) The County Auditor-Controller shall charge and transfer from the security fund established pursuant to Section 11-1.1509 of Article 15 of this chapter to the credit of the County such amounts as are assessed as liquidated damages by determinations of the Board pursuant to Section 11-1.1109 of Article 11 of this chapter which are not appealed to arbitration and become final, or which are affirmed by an arbitration panel under the provisions of Section 11-1.1110 of Article 11 of this chapter.
(b) With respect to breaches of any of the provisions of Sections 11-1.1315 of Article 13 of this chapter or 11-1.817 of Article 8 of this chapter, the Board shall determine the amount of liquidated damages to be assessed and mail notice thereof to the grantee. Such a notice may provide for assessments for breaches occurring in advance of the notice and for periods of breach subsequent to the issuance of the notice pending compliance by the grantee. The determinations by the Board shall become final, binding, and conclusive, not subject to judicial review or reversal by any authority, and judicially enforceable, unless, within thirty (30) calendar days following the date of the mailing of the notice of the determination, the grantee files with the Clerk of the Board a written notice appealing the determination to arbitration pursuant to the provisions of Section 11-1.1206 of this article. The notice of appeal shall specifically identify the grounds for the appeal. The County Auditor-Controller shall charge and transfer from the special account established pursuant to said Section 11-1.1509 to the credit of the County such amounts as are assessed as liquidated damages by determinations of the Board pursuant to this subsection which are not appealed to arbitration and become final or which are affirmed by an arbitration panel under said Section 11-1.1206.
(c) With respect to breaches of any of the provisions of Section 11-1.1502 or 11-1.1503 of Article 15 of this chapter, the County Auditor-Controller shall charge and transfer from the special account established pursuant to said Section 11-1.1509 to the credit of the County such amounts as are assessed as franchise fees, interests, and liquidated damages by determinations of the Board pursuant to Section 11-1.1506 of Article 15 of this chapter which are not appealed to arbitration and become final or which are affirmed by an arbitration panel under said Section 11-1.1506, or such amounts of franchise fees, interests, and liquidated damages as are prescribed by a judgment of a court.
(d) The County Auditor-Controller shall mail notice to the grantee of transfers from the special account. The notice shall identify the amount of transfer, the balance of the account after transfer (including accumulated interest), and the total amount, if any, which the grantee is required to pay in order to replenish the account in accordance with the requirements of said Section 11-1.1509.
(e) Any amount owing by a grantee in excess of the current balance within the special account established pursuant to said Section 11-1.1509 may be recovered from the surety on the performance bond filed pursuant to the provisions of Section 11-1.1508 of Article 15 of this chapter or from the grantee. (§ 1, Ord. 961, eff. October 27, 1983)