Chapter 11.10

11.10.010    Responsibility for accidents—Liability insurance.

11.10.020    Improvement security.

11.10.010 Responsibility for accidents—Liability insurance.

(a)    The property owner, by acceptance of the permit issued pursuant to the provisions of this chapter, agrees to be responsible for any and all claims and liabilities for damages caused by any of the construction permitted by the provisions of this chapter or caused by the property owner’s failure to perform his obligations under the permit and save the city harmless therefrom. In the event any such claim or liability for damages is made against or imposed upon the city or any department, officer, or employee thereof, the property owner shall, by his acceptance of the permit, agree to defend, indemnify, and hold each of them harmless from such claim or liability. The property owner shall provide and keep in force, during the term of the permit, a policy of public liability and property damage insurance against liability for personal injury, including accidental death, as well as liability for property damages which may arise, in any way, out of the exercise of the rights granted by the permit. The amounts of such insurance shall be established by resolution.

(b)    The property owner shall maintain such insurance as is required under workers’ compensation laws of the state.

(c)    The policies of insurance so provided shall contain a contractual liability endorsement covering the liability assumed by the property owner by the terms of the permit and naming the city as additional insured and shall contain a provision that such policies may not be canceled except after thirty days’ notice in writing to the public works director.

(d)    A copy of the policies or certificates of insurance, evidencing all the insurance coverage required by this section, shall be filed with the city before the permit is issued.

(e)    The requirements of this section may be satisfied by the property owner or by the property owner’s contractor or representative. (Ord. 969 § 2 (part), 1982).

11.10.020 Improvement security.

(a)    The property owner shall post improvement security with the public works director, before the permit is issued, equal to one hundred percent of the estimated costs of the work covered by the permit, to be used as follows:

(1)    To pay the actual cost of work completed by the city in connection with any permit issued, including overhead costs;

(2)    To pay the actual cost of work done by the city to repair or restore any public improvements damaged or destroyed by the property owner during the course of any operations performed under any permit, including overhead costs;

(3)    To pay the actual cost of placing lighted barricades on or about the property owner’s work, including overhead costs, and the cost of furnishing, by the city, other safety barricades or warning devices and necessary storm drains in connection with any permit issued.

(b)    The property owner shall be entitled to the refund, in whole or in part, as the case may be, of any security posted with the city when all the work to be done by the property owner under the permit issued prior to or subsequent to the posting of such security has been completed by the property owner and has been approved or completed by the city, from which security shall be first deducted all costs incurred by the city for work performed by the city pursuant to the provisions of this chapter. (Ord. 969 § 2 (part), 1982).