17.52.130 Performance guarantees.
A. Deposit of Security. As a condition of any permit or approval issued under this code, upon finding that the city’s health, safety, and general welfare warrant, the review authority may require the deposit of financial security in a reasonable amount and form approved by the city attorney to ensure the faithful performance of one or more of the conditions of the permit or approval, in the event that the obligor fails to perform. The security shall remain in effect until all of the secured conditions have been performed to the satisfaction of the director in conjunction with the public works director and city engineer.
B. Release of Security. Upon satisfactory compliance with all applicable provisions of this section the security deposit shall be released.
C. Failure to Comply.
1. Upon failure to perform any secured condition, the city may perform the condition, or cause it to be done, and may utilize the security to pay all costs incurred, including administrative, engineering, legal, and inspection services.
2. Any unused portion of the security shall be refunded to the obligor after deduction of the cost of the work.
3. Any cost in excess of the security shall be an obligation of the applicant/owner and a lien on the property.
4. The director’s determination may be appealed to the council by the obligor by filing an appeal within ten days following the decision to withhold the security, in compliance with Chapter 17.72. (Ord. 706 § 3 (Exh. A), 2019).