Sec. 32A-13. Necessity for completion of grading before occupation of building.
A. Necessity for completion of improvements before occupation of building.
1. The Building Official shall deny final approval of any building permit or any clearance for occupation of any building, until all the required grading, retention and improvements including corrective work necessary to remove and eliminate any hazard, all as determined by the Planning and Development Director, are completed and have been inspected and approved. The Planning and Development Director, at the Director’s option, may accept cash, a letter of credit or a surety bond to guarantee the corrective work if occupancy is sought before the work is done if posted with the Planning and Development Department in the form as provided by subsection B or C herein.
2. The cash, letter of credit or surety bond may be retained or called upon by the Planning and Development Department at any time as funds to be utilized for performing any work required to complete the required grading and improvements, if the Planning and Development Department finds that the required grading and improvements are not being satisfactorily completed.
B. Bond conditions. Every bond (cash, letter of credit or surety) shall include the conditions that the permittee shall:
1. Comply with all of the provisions of this chapter, applicable laws, and ordinances.
2. Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the Planning and Development Director.
3. Complete all of the work contemplated under the permit within the time limit specified in the permit or in Section 32A-10.C. The Planning and Development Director may, for sufficient cause, extend the time specified in the permit but no such extension shall release the surety upon the bond.
4. The bond (cash, letter of credit or surety) shall include penalty provisions on a form approved by the City Attorney for failure to complete the work on schedule.
C. Failure to complete work. The term of each bond (cash, letter of credit or surety) shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the Planning and Development Director. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the Planning and Development Director may have the work required by the permit to be completed to the Director’s satisfaction. The surety executing such bond or deposit shall continue to be firmly bound to have all work completed and provide for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit or any unused portion thereof shall be refunded to the permittee. (Ord. No. G-1177, § 1; Ord. No. G-1192, § 1; Ord. No. G-1203, § 3; Ord. No. G-2406, § 1; Ord. No. G-2786, §§ 4, 5; Ord. No. G-3313, § 1; Ord. No. G-3994, § 1, 1997; Ord. No. G-5590, § 1, 2011; Ord. No. G-5707, 2012)