Chapter 17.84
SECURITY
Sections:
17.84.010 Security.
A. Scope and Purpose. The City Engineer may require the permittee or owner(s) of the property upon which the grading is proposed to occur to provide security as a condition of the issuance of a grading permit for any grading involving more than one thousand (1,000) cubic yards. Where unusual conditions or special hazards exist, the City Engineer may require security for grading involving less than one thousand (1,000) cubic yards. The purpose of the security shall be to guarantee the permittee’s obligation to mitigate any hazardous conditions, including flood and geotechnical hazards, that may be created if the grading is not completed in accordance with the approved plans and specifications, and to complete any work that the City Engineer determines necessary to bring the property into compliance with this code.
Security required by this section may include incidental off-site grading on property contiguous with the site to be developed, provided written consent of the owner of such contiguous property is filed with the City Engineer.
The City Engineer may waive the requirements for a security for any of the following:
1. Grading being done in or for a governmental agency; or
2. Grading necessary to remove a geological hazard, where such work is covered by an agreement and security posted pursuant to the provisions of this code; or
3. Grading on a site, not exceeding a slope of three (3) horizontal to one (1) vertical, provided such grading as determined by the City Engineer will not affect drainage from or to adjacent properties; or
4. Filling of holes or depressions, provided such grading as determined by the City Engineer will not affect the drainage from or to adjacent properties.
B. Form of Security. The security referred to in subsection (A) of this section (Scope and Purpose) shall be in the following form:
1. A bond furnished by a corporate surety authorized to do business in this State;
2. Other forms of security may be approved with prior written approval of the City Engineer; and
3. The City Engineer may require that up to ten percent (10%) of any security be submitted in the form of a cash deposit. The cash deposit may be utilized by the City to ensure that adequate safeguards for the prevention of erosion, dust control and sedimentation are in place when needed.
C. Amount of Security. The amount of security shall be based upon the number of cubic yards of material in either excavation or fill, whichever is greater, plus the cost of all drainage or other protective devices, retaining walls or work necessary to eliminate geotechnical hazards. That portion of the security valuation based on the volume of material in either excavation or fill shall be computed as follows:
|
One hundred thousand (100,000) cubic yards or less |
One dollar and fifty cents ($1.50) per cubic yard |
|
Over one hundred thousand (100,000) cubic yards |
One dollar and fifty cents ($1.50) per cubic yard for the first one hundred thousand (100,000) cubic yards plus seventy-five cents ($0.75) per cubic yard for that portion in excess of one hundred thousand (100,000) cubic yards |
When the rough grading has been completed in conformance with the requirements of this code, the City Engineer may at his discretion consent to a proportionate reduction of the security to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. The costs referred to in this section shall be as estimated by the City Engineer.
D. Conditions. All security shall include the conditions that the principal shall:
1. Comply with all provisions of this code, applicable laws and ordinances;
2. Comply with all of the terms and conditions of the grading permit; and
3. Complete all of the work authorized by the permit.
E. Term of Security. The term of each security shall begin upon the filing thereof with the City Engineer and the security shall remain in effect until the work authorized by the grading permit is completed and approved by the City Engineer.
F. Default Procedures. In the event any grading for which a permit has been issued is not completed in accordance with the approved plans and specifications for said work, or with all terms and conditions of the grading permit, the City Engineer may declare that a default has occurred. The City Engineer shall give notice thereof to the principal and security on the grading permit security, and may order the work required to complete the grading in conformance with the requirements of this code be performed. The surety executing the security shall continue to be firmly bound under an obligation up to the full amount of the security, for the payment of all necessary costs and expenses that may be incurred by the City Engineer in causing any and all such required work to be done.
G. Right of Entry. The City Engineer or the authorized representative of the surety company or financial institution shall have access to the premises described in the permit for the purpose of inspecting the work.
In the event of default in the performance of any term or condition of the permit, the surety or financial institution or the City Engineer or any person employed or engaged in the behalf of any of these parties shall have the right to go upon the premises to perform the required work.
The owner or any other person who interferes with or obstructs the ingress to or egress from any such premises of any authorized representative of the surety or financial institution or of the City engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor.
Notwithstanding the foregoing, a default under this section shall be deemed a nuisance pursuant to Title 23 (Neighborhood Preservation) subject to abatement of Title 23 (Neighborhood Preservation). The City reserves the right to recover costs for such abatement as set forth in Title 23 (Neighborhood Preservation). (Ord. 13-8 § 4 (Exh. A), 6/11/13)