30.84.050 Notice of noncompliance and forfeiture of proceeds.
(1) If the director determines that work covered by a security device has not been completed or is not operating in conformance with the approved plans, specifications, permit, or approval requirements or conditions, the director shall notify the permittee and the issuer of the security device of said nonconformance. The notice shall:
(a) Describe the work or improvements that must be done 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 director’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) After having given notice pursuant to subsection (1) of this section, the director may issue a stop work order prohibiting any additional work until the conditions are corrected.
(3) If the work to correct the noncompliance is not completed within the time specified the director may seek forfeiture of the security device, or a portion thereof, to correct the nonconformance. After the county receives payment from a security device, the county will use the funds to complete the required work or improvements. The permittee may not proceed with work until the required amount of the security device has been re-established.
(4) In the event the county proceeds with forfeiture of a security device, the issuer of the security device shall, within 30 days of demand of the county, make a written commitment to the county that it will either:
(a) Remedy the noncompliance itself with reasonable diligence pursuant to a time schedule acceptable to the county; or
(b) Tender to the county within 15 days the amount necessary, as determined by the county, to remedy the nonconforming conditions.
(5) Upon completion of either of subsection (4)(a) or (4)(b) of this section, the issuer of the security device shall then have fulfilled its obligations under the applicable security device for only those improvements identified by the county in its notice. If the issuer of the security device elects to fulfill its obligation pursuant to the requirements of subsection (4)(b) of this section, 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. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 17-004, May 10, 2017, Eff date June 1, 2017; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).