Chapter 16.23
FEES, BONDS AND DEPOSITS
Sections:
16.23.010 Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents.
16.23.020 Plan Check and Inspection Fees—Payment of Deficiencies.
16.23.030 Improvement Agreement—Faithful Performance Bond Requirements.
16.23.040 Water Main Installation—Exemptions to Bond Requirements.
16.23.050 Improvement Agreement—Amounts.
16.23.060 Companies Authorized to Furnish Bonds—Conditions.
16.23.070 Security for Deferred Setting of Monuments.
16.23.080 Special Assessment Security.
16.23.090 Alternatives to Faithful Performance Bond Described—Procedures.
16.23.100 Reduction in Bond or Deposit on Portion of Work Completed.
16.23.110 Forfeiture on Failure to Complete.
16.23.010 Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents.
Before commencing any improvement or recordation of a final or final parcel map, the subdivider shall deposit:
A. With the City Engineer, the sum required by the code and the Municipal Code for all street lights or street light systems to be installed;
B. With the City Engineer, the sum required by the Municipal Code for all sewers and other improvements described in that division to be constructed or installed;
C. With City Engineer, a sum estimated by the City Engineer to cover actual cost of plan check and inspection of all improvements under their jurisdiction other than the improvements referred to in subsection (B) of this section and a sum estimated by the City Engineer to cover the actual cost of reviewing documents for the issuance of a final clearance for compliance with tentative map conditions under their jurisdiction. This section shall not affect the requirement for deposits or fees as may be prescribed in any other ordinance. This subsection applies to all tract maps, parcel maps, waivers or certificates of compliance processed by the City Engineer, whether the property is within the limits of an incorporated city or not;
D. With the City Engineer, a sum estimated by the City Engineer, including drainage structures incidental thereto. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.020 Plan Check and Inspection Fees—Payment of Deficiencies.
A. If any deposit made pursuant to Section 16.23.010 (Deposits for Plan Check, Inspection and/or Review of Final Clearance Documents) is less than sufficient to pay all of the costs of plan checking or inspection, the subdivider, upon demand of the City Engineer, shall pay to the officer making the demand an amount equal to the deficiency. The fee shall be in accordance with the City’s current fee schedule established by Council resolution. If the subdivider fails or refuses to pay such deficiency upon demand, the City may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full, the improvement shall be considered incomplete.
B. All reviews by the City Engineer shall become invalid if more than three hundred sixty-five (365) calendar days transpire between return of the plan check to the applicant and receipt of the successive plan check by the City Engineer. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.030 Improvement Agreement—Faithful Performance Bond Requirements.
The agreement referred to in Chapter 16.21 (Subdivision Improvements) shall be accompanied by a faithful performance bond guaranteeing the performance of all work, the inspection of which is the duty of the City Engineer, in a sum which, in the opinion of the City Engineer, equals the costs thereof, except for monumentation work; the agreement shall be accompanied by cash, or other surety as determined by the City Engineer, guaranteeing the faithful performance of the work. In the case of monumentation, the agreement shall be accompanied by cash guaranteeing the faithful performance of work. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.040 Water Main Installation—Exemptions to Bond Requirements.
If the subdivider shows to the satisfaction of the City Engineer that he has entered into a contract with a water utility, as defined in the water ordinance set out in this code, to construct water mains as required by the Municipal Code, which contract makes the City a party thereto and provides that such contract may not be modified or rescinded without the consent of the City, except as required by the Public Utilities Commission, and has deposited with such water utility security for the payment of such water utility which the City Engineer finds adequate, the subdivider need not accompany his agreement to install such water mains with a faithful performance bond or a labor and materials bond. The City Engineer is hereby authorized to execute said contract on behalf of the City. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.050 Improvement Agreement—Amounts.
Improvement security shall be for the following amounts unless otherwise stated in the code:
A. An amount estimated by the City to be equal to the cost of improvements covered by the security, guaranteeing the faithful performance of the improvement work, plus an amount equal to the cost of inspecting the improvement work; plus an amount estimated by the City to be necessary for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.
B. An amount estimated by the City to be equal to fifty percent (50%) of the cost of the improvements covered by the security, securing payment to contractors and subcontractors and to all persons renting equipment or furnishing labor or materials to them. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.060 Companies Authorized to Furnish Bonds—Conditions.
All tax bonds furnished under authority of the Subdivision Map Act, and all faithful performance bonds referred to in this chapter, shall be:
A. Furnished by a surety company authorized to write the same in the State of California; and
B. Subject to the approval and acceptance by the City Clerk and City Engineer. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.070 Security for Deferred Setting of Monuments.
The agreement referred to in Section 16.05.060 (Boundary Monuments—Time for Setting—Deferment Conditions) shall be accompanied by cash in a sum which, in the opinion of the City Engineer, equals the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes, and in every respect complying with such agreement. A labor and materials security shall not be required. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.080 Special Assessment Security.
The security required for unpaid special assessments by Section 66493(c) of the Subdivision Map Act shall be money, negotiable bonds, savings and loan shares or instruments of credit, and shall comply with Section 16.23.050 (Improvement Agreement—Amounts). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.090 Alternatives to Faithful Performance Bond Described—Procedures.
In lieu of any faithful performance bond required by this chapter and/or security as required by Sections 16.23.070 (Security for Deferred Setting of Monuments) and 16.23.080 (Special Assessment Security), the subdivider may deposit with the City Engineer, Director of Parks, Recreation and Community Services, or the Director, on behalf of the Council, a sum of money or negotiable bonds, or savings and loan certificates or shares equal to the required amount of the improvement security for the faithful performance thereof. If the subdivider deposits savings and loan certificates or shares, he also shall assign such certificates and shares to the City, and such deposit and assignment shall be subject to all of the provisions and conditions of this code. Instruments of credit, pursuant to Section 66499(a)(3) of the Subdivision Map Act, may also be furnished in lieu of any faithful performance security required by this chapter. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.100 Reduction in Bond or Deposit on Portion of Work Completed.
A. When any portion of an improvement has actually been fully completed, the City Engineer, Director of Parks, Recreation and Community Services or the Director, whose duty it is to inspect such improvement may, in their discretion, authorize from time to time a reduction in the bonds or instruments of credit, or a partial withdrawal of funds, or a partial reassignment and withdrawal of savings and loan certificates or shares, which bonds, instruments of credit, funds, certificates, or shares were deposited in lieu of a faithful performance bond required by this chapter, equal to the estimated cost of such completed portion.
B. This section does not authorize a reduction or withdrawal for partial completion of any or all of such improvement. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.23.110 Forfeiture on Failure to Complete.
Upon the failure of a subdivider to complete any improvement within the time specified in an agreement, the City Engineer, the Director of Parks, Recreation and Community Services, or the Director, may, upon notice in writing of not less than ten (10) days, served upon the person, firm or corporation signing such contract, or upon notice in writing of not less than twenty (20) days served by certified mail addressed to the last known address of the person, firm or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted, and may cause to be forfeited to the City such portion of said sum of money or bonds given for the faithful performance of said work, or may cash any savings and loan certificates or shares deposited and assigned to assure faithful performance of said work in such amount as may be necessary to complete such improvement work. The City Attorney shall take legal action required for the enforcement of subdivision improvement agreements when requested to do so by the City Engineer, the Director of Parks, Recreation and Community Services, or the Director. (Ord. 13-8 § 4 (Exh. A), 6/11/13)