13.10.116 Notice of noncompliance and collection of proceeds.
(1) If the engineer determines that work covered by the security device has not been completed or is not operating as designed and required, the engineer shall notify the permittee, and the issuer of the security device. The notice shall:
(a) Describe the work or improvements that must be completed to prevent the forfeiture of the security device;
(b) Provide a date certain by which the required work or improvements must be completed to the engineer’s satisfaction; and
(c) State that, if the work or improvements are not completed within the time specified, the county will proceed with forfeiture of the security device and use the funds to complete the required work or improvements.
(2) If during the term of the security device the engineer determines that conditions exist which are not in conformance with the approved plans, specifications, permit or approval requirements or conditions, the engineer may issue a stop work order prohibiting any additional development activities until the conditions are corrected. The engineer may seek forfeiture of the security device, or a portion thereof, to correct conditions that are not in conformance with the approved plans, specifications, or permit requirements. The permittee may not proceed with the development activities until the required amount of the security device has been re-established. After the county receives payment from a security device, the county will use the funds to complete the required work or improvements.
(3) In the event the county proceeds with forfeiture of a security device, the issuer of the security device shall, within thirty (30) days of demand of the county, make a written commitment to the county that it will either:
(a) Remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the county; or
(b) Tender to the county within fifteen (15) days the amount necessary, as determined in good faith by the county, to remedy the nonconforming conditions.
(4) Upon completion of either of SCC 13.10.116(3)(a) or (b), the issuer of the security device shall then have fulfilled its obligations under the applicable security device for only those development activities identified by the county in its notice. If the issuer of the security device elects to fulfill its obligation pursuant to the requirements of SCC 13.10.116(3)(b), the county, upon completion of the remedy, shall notify the issuer of the actual cost of the remedy. The county shall return, without interest, any overpayment made by the issuer of the security device, and the issuer of the security device shall pay to the county any actual costs which exceeded the county’s estimate, limited to the total security device amount.
(5) The county may enforce the provisions of this section using any and all available legal or equitable remedies. (Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010).