A. The developer’s engineer will prepare cost estimates on completion of improvements. Street cost estimates shall be based on street standards as designated in Section 16.116.030. Sewer and water estimates shall be based upon designs approved by the State Board of Health and DEQ. All cost estimates shall be stamped or sealed by the engineer who prepared them.
B. All estimates shall be submitted to the city. The city shall notify the developer as to the amount of the surety that shall be required. The surety shall remain in the custody of the city until the obligation is completed or the surety is forfeited.
C. The developer shall file with the city an agreement binding the developer to complete the improvements and in addition to the agreement the developer shall file one of the following to assure the full and faithful performance thereof:
1. A surety bond executed by a surety company;
2. Cash.
D. If the city finds that a permittee has not completed improvements as required, staff shall notify, in writing, the permittee and the surety holder of the specific noncompliance. Within thirty (30) days of receipt of the written notice, the permittee or the surety holder shall proceed diligently to complete the obligation.
E. If the permittee or the surety holder does not commence compliance within thirty (30) days, or has so commenced but fails to proceed diligently to complete the compliance, or the compliance is not completed in accordance with the requirements of the development permit, the city may take any or all of the following actions:
1. Enter upon the site of the development and carry out the improvements necessary to complete the requirements of the development permit;
2. Notify the permittee and the surety holder of the permittee’s failure to complete the improvements;
3. Demand payment from the permittee for the costs of completion of the improvements;
4. Notify the surety holder that the reimbursement for the costs of completion is due and payable to the city.
F. Insufficient Surety. If the amount of the surety is not sufficient to compensate the city fully for the cost of improvements, the amount due the city is a lien in favor of the city upon the entire real property of the owner of the development subject to the development permit. The lien attaches upon the filing with the county recorder of notice of the claim for the amount due for the completion of the improvements. The notice shall demand the amount due, allege the insufficiency of the surety to compensate the city fully for the costs of completion of the improvements as required by the development permit and this code.
G. Damage and Maintenance. The developer of any subdivision, partition or development shall construct, maintain, repair, replace and shall be responsible for any damage to curbs, sidewalks, pavement and driveway approaches, shall keep the pavement area free of debris, soil or foreign matter at all times, shall be responsible for the efficient operation of all sumps or catch basins in all streets included in the development, for a period of time not exceeding two years from the date set in the surety for completion of the improvements, or until ninety (90) percent of the units have been constructed, whichever occurs first.
H. Upon completion of improvements, the applicant’s engineer shall certify that such improvements are built to the standards approved. This certification of completion shall be submitted to the city engineer for final approval. (Prior code § 10.785)