§ 8-1-829. Bonds.

(a)

Bond required; waiver. A grading permit shall not be issued unless the permittee shall first post with the Building Official a bond executed by the owner and a corporate surety authorized to do business in the state as a surety in an amount specified in subarticle 7 of the grading manual. The bond is required to ensure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and/or correct conditions that pose a threat to environmental resources including but not limited to a threat to water quality. This requirement may be waived at the discretion of the Building Official if he determines that:

(1)

No hazardous situation is likely to occur as a result of incomplete or improper grading;

(2)

No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading;

(3)

No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading;

(4)

No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or

(5)

No conditions of the permit warrant a financial guarantee or ensure their satisfactory completion.

(b)

Blanket bond. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the Building Official.

(c)

Additional bond. An additional cash bond in an amount determined by the Building Official may be required to ensure the completion of finish grading under the permit as a condition of occupancy and energizing utilities. A bond in an amount determined by the Building Official may be required for permits involving temporary earthen stockpiles to ensure their timely removal.

(d)

Failure to complete work. In the event of failure to comply with all of the conditions and terms of the permit, the Building Official may order the work authorized by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such work to be done. In the case of a cash deposit, the deposit, or any unused portion thereof, shall be refunded to the permittee.

(e)

Default in performance of conditions.

(1)

Whenever the Building Official finds or determines that a default has occurred in the performance of any requirement of a condition of a permit, written notice thereof shall be given to the principal and, when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the Building Official to be reasonably necessary for the completion.

(2)

After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or, failing therein, shall pay over to the Building Official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys the Building Official may cause the required work to be performed and completed. The surety shall pay the Building Official actual costs in excess of the estimated amount plus a mobilization charge as specified in section 8-1-828, pertaining to cost recovery fees.

(Ord. No. 90-11, § 7, 3-6-90; Ord. No. 2003-128, § 14, 2-18-03)