12.36.020 Occupancy subject to final approval by chief building inspector—Posting of bond/cash deposit alternative.
A. The chief building inspector shall withhold final approval of and acceptance for occupancy to any building or property until one of the following conditions have been met:
1. All curbs, gutters, sidewalks, driveway approaches, connecting pavement and canal fencing required by this chapter are in existence and all required street rights-of-way have been dedicated to the city.
2. The construction within one year of final approval and acceptance for occupancy of required curbs, gutters, sidewalks, driveway approaches, connecting pavement and canal fencing is guaranteed by a contract and corporate surety bond, approved by the city attorney, and all required street rights-of-way have been dedicated to the city.
3. Should the city engineer determine that construction of such improvements within one year after final approval and acceptance of occupancy would be premature with respect to the development of other properties and related improvements in the vicinity, he or she may determine the estimated costs of construction of the requirements and such costs shall be deposited by the property owner into a fund established by the city to pay the cost of such improvements to be constructed at a time determined by the city engineer. Upon deposit of such costs, the property owner shall be relieved of all further responsibility for such improvements, provided that he or she has executed and delivered to the city engineer for recording any and all easements required for construction of such improvements. Should the actual cost of the improvements, including appropriate city administrative charges, be less than the amount deposited, any excess shall be refunded to the property owner. Canal fencing shall not be deferred hereunder, but shall be completed in accordance with paragraph 1 or 2 of this subsection.
B. Should the construction of required improvements be guaranteed by a corporate surety bond, if the permittee has failed or refused to construct the improvements required by the permit within thirty days after notice in writing by the city, the city engineer shall take such action as is necessary to collect against the corporate surety bond such amount as is necessary to construct the curbs, gutters, sidewalks, driveway approaches and connecting pavement or to reimburse the city its costs therefor. (Ord. 2867 § 1, 1983; prior code § 12.40.020)