16.24.010 IMPROVEMENT BONDING AND WARRANTY

A. Before an approved final subdivision plat may be recorded, and before a building permit may be issued, all improvements required by this Chapter or other City ordinances shall be either: 1. Completed, inspected, and accepted by the City, or 2. Guaranteed. B. The decision whether to guarantee a public improvement or to complete it before recording the plat rests solely with the applicant. C. All improvements are subject to City inspection before such improvements may be accepted by the City or considered complete. The City Public Works Department shall be responsible for conducting such inspections. Improvements shall be accepted only if they conform to applicable City ordinances and do not pose a risk to public health or safety. All public improvements are subject to the warranty described in this Section. 1. The applicant/developer shall, in accordance with the City’s Fee Schedule, pay to the City an inspection fee before the City shall accept any improvements. D. For subdivisions for which no performance guarantee has been posted, if the improvements are not completed within the period specified in the approved subdivision improvement plan, the approval shall be deemed to have expired. In those cases where a performance guarantee has been posted and required improvements have not been installed within the terms of such performance guarantee, the City may thereupon declare the guarantee to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the guarantee is declared to be in default. In the event that the un-released portion of the guarantee is not sufficient to pay all the cost for installing the required improvements, the City may maintain an action against the person giving the guarantee for the necessary amount to complete the improvements. E. If an applicant elects to guarantee any required improvement, the applicant shall provide completion assurance for 110% of the cost of the improvement, guaranteeing that the improvements will be completed within two years after the date of the guarantee; the sum of the completion assurance shall not exceed: 1. 100% of the estimated cost of the public landscaping improvements or infrastructure improvements, as evidenced by an engineer’s estimate or licensed contractor’s bid; and 2. 10% of the amount of the bond to cover administrative costs incurred by the City to complete the improvements, if necessary. F. For the purpose of posting an improvement guarantee, the cost of the improvement shall be determined by an engineer's estimate. G. The City shall accept any of the following forms of guarantee for an improvement: 1. Bond. The applicant may furnish a bond with corporate surety, which bond shall be approved by the City Attorney and filed with the City Clerk. 2. Escrow. The applicant may make a deposit in escrow with an escrow holder approved by the City Council, under an escrow agreement approved by the City Attorney and filed with the City Clerk. (Ord. 2025-1, 2025: Ord. 2008-4, 2008: Ord. 94-3 § 1)