Chapter 18.520
PERFORMANCE GUARANTEES AND PROPERTY MAINTENANCE
Sections:
18.520.020 Performance guarantees.
18.520.030 Property maintenance requirements.
18.520.010 Purpose.
This chapter establishes processes and mechanisms for ensuring the faithful performance and proper completion of any approved work, as well as the proper maintenance of previously constructed or installed improvements, in a manner that protects the public health, safety, and general welfare. [Ord. 12-4. DC 2012 § 122-1265].
18.520.020 Performance guarantees.
A planning permit may be required by conditions of approval or by action of the planning division, zoning administrator, planning commission, or city council, to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects authorized by any discretionary planning permit required by the development code.
A. Form and Amount of Security. The required security shall be in a form approved by the planning division upon recommendation from the city attorney. The amount of security shall be determined based on the estimated cost of materials and performance for construction or installation to ensure proper completion of the work, functional improvements, and/or compliance with conditions of approval.
B. Duration of Security. Required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the planning division, or until any required warranty period has lapsed.
C. Release or Forfeit of Security.
1. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the security deposit shall be released.
2. Upon a determination by the planning division that the responsible parties have failed, within a required time or an otherwise reasonable time period to complete the work, to comply with all of the terms of any applicable permit, or in the event of a failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work and all administrative and inspection costs.
3. Any unused portion of the security shall be refunded to the funding source after deduction of the cost of the work by the city. [Ord. 12-4. DC 2012 § 122-1266].
18.520.030 Property maintenance requirements.
Any person owning, leasing, occupying, or having charge or possession of any property shall ensure that it is maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that its aesthetic appearance is continuously preserved in compliance with conditions of approval imposed by the review authority. The provisions of this section apply to property maintenance agreements for projects authority by any land use permits required by the development code.
A. Property Maintenance Agreements. Applicants, property owners, or lessees shall enter into a city-approved agreement to ensure maintenance in perpetuity of building exteriors, landscaping, irrigation, parking lot areas, signs, lighting, walls and fences, and any other related improvements.
1. Security for Maintenance. The review authority may require security for maintenance of property improvements in an amount determined by the review authority to be sufficient to ensure the proper maintenance and functioning of the improvements. Maintenance security shall remain in effect for at least 12 months after the date of final inspection.
2. Security for Landscaped Areas. The review authority may require performance bonds in the amount of 100 percent of the replacement cost of the landscaping to be posted to guarantee the continued maintenance of required landscaping for up to a 10-year period, when determined to be appropriate or necessary because of the important role landscaping plays in the overall development of a site.
B. Building and Landscape Remodel and Replacement. For tenant improvements, the planning division shall determine the extent of building and landscape remodel and replacement necessary to ensure compliance with the development code and any prior conditions of approval.
C. Abatement of Violations. The abatement of any conditions described in this chapter shall be performed in compliance with Chapter 18.540 CDC (Enforcement). [Ord. 12-4. DC 2012 § 122-1267].