(1) The county may determine an emergency exists when development activities covered by a security device have not been completed, were not completed in conformance with the approved plans, specifications, or permit requirements, or are not operating as required and the engineer determines an emergency situation has been or may be created that may endanger the public health, safety, and welfare and one of the following has occurred:

In the event of an emergency, the county may take action to correct the emergency at the permittee’s expense.

(2) The permittee and security device issuer shall be notified in writing within four (4) days after the county commences emergency work. The notice must state the work that was commenced and the nature or timing of the emergency that necessitated the county to perform emergency work without prior notification.

(3) After completion of the emergency work, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures.

(4) If funds are collected from a security device the permittee may not proceed with work covered by the security device until the required amount of the security device has been re-established. (Added by Ord. 10-087, Oct. 20, 2010, Eff date Nov. 4, 2010).