Chapter 19.40
ASSURANCE DEVICES

Sections:

19.40.010    User guide.

19.40.020    General.

19.40.030    When applicable.

19.40.040    Form of assurance device.

19.40.050    Amount of assurance device.

19.40.060    License signed by owner of subject property.

19.40.070    Release of assurance device.

19.40.080    Use of proceeds—Notice to applicant.

19.40.090    Use of proceeds—Work by the city.

19.40.100    Use of proceeds—Emergency work by city.

19.40.110    Use of proceeds—Refund of excess, charge for all costs.

19.40.120    Itemized statement.

19.40.010 User guide.

Various chapters of this title establish specific development, performance and maintenance standards for uses and developments on individual properties. This chapter establishes the mechanism by which the city ensures that the requirements of this chapter are met through the posting of an assurance device to guarantee completion of required improvements or continued maintenance of improvements required by this title. (Ord. 1671-89 (part), 1989.)

19.40.020 General.

The planning director may allow or require performance and maintenance assurance devices in conformance with the provisions of this chapter. (Ord. 1671-89 (part), 1989.)

19.40.030 When applicable.

A.    The planning director shall require a performance assurance device if:

1.    The applicant is unable to complete the work or improvements to be covered by the assurance device because of unavoidable circumstances that in no way resulted from the actions or inaction of the applicant;

2.    It is reasonably certain that the applicant will be able to complete the work or improvements to be covered by the assurance device within a reasonable amount of time;

3.    Granting a certificate of occupancy prior to completion of the work or improvements will not be materially detrimental to the city or the properties in the vicinity of the subject property; and

4.    The proposal is part of a phased development and work required as part of a current phase will be completed within a time frame established by the planning director, based upon the specific circumstances related to the site.

B.    Maintenance Assurance Device. The planning director may require a maintenance assurance device when necessary to ensure that improvements required by this title are properly maintained. The planning director shall establish a time frame for which the maintenance assurance device shall be effective. (Ord. 1671-89 (part), 1989.)

19.40.040 Form of assurance device.

A.    In each case where the city requires or allows an applicant to provide an assurance device, the planning director, with the approval of the city attorney, shall determine the type of assurance device that will be used. (Ord. 1671-89 (part), 1989.)

19.40.050 Amount of assurance device.

A.    General. The planning director shall determine the amount of the assurance device as follows:

1.    For a performance assurance device the amount shall be one hundred fifty percent of the cost of the work or improvements covered by the assurance device based on estimated costs immediately following the expiration of the device, except that the amount of an assurance device for any improvement regulated by Sections 19.33D.360 through 19.33D.590 (Environmentally Sensitive Areas) or Chapter 19.37 (Critical Areas) shall be three hundred percent of the cost of the work or improvements based on estimated costs immediately following the expiration of the device.

2.    For a maintenance assurance device, the amount will not be less than ten percent of the cost of replacing the materials covered by the assurance device based on estimated costs on the last day covered by the device.

3.    In determining the amount of the assurance device, the planning director may require that the applicant provide a detailed estimate of the cost of the improvements for which the assurance device is required. The planning director may use the estimate to determine the amount of the assurance device, but is not bound by the information submitted by the applicant in determining the appropriate amount.

B.    Responsibility. The assurance device shall specify the following information:

1.    The work or improvements covered by the assurance device;

2.    Either the period of time covered by the maintenance assurance device or the date after which the city will use the proceeds of the performance assurance device to complete the required work or improvements.

C.    The city may require the assurance device to be provided before any permits for which the assurance device is required are issued. (Ord. 2720-03 § 14, 2003; Ord. 1849-92 § 61, 1992; Ord. 1671-89 (part), 1989.)

19.40.060 License signed by owner of subject property.

In each case where the city requires or allows an applicant to provide an assurance device, the applicant shall provide in a form acceptable to the city attorney, a license to run with the property which allows the city, its employees, agents or contractors to go on the subject property for the purpose of inspecting, making or maintaining the improvements covered by the assurance device. The license shall be valid for the length of time required for the assurance device. (Ord. 1671-89 (part), 1989.)

19.40.070 Release of assurance device.

After the work or improvements covered by a performance assurance device have been completed to the satisfaction of the city, or at the end of the time covered by the maintenance assurance device, the applicant may request the planning director to release the assurance device. Prior to the release of the assurance device, the city shall verify that the conditions of the assurance device have been satisfactorily complied with. (Ord. 1671-89 (part), 1989.)

19.40.080 Use of proceeds—Notice to applicant.

If during the period of time covered by a maintenance assurance device or after the date by which the required work or improvements are to completed under a performance assurance device, the planning director determines that the work or improvements have not been satisfactorily maintained or completed, he/she shall notify the applicant. The notice should contain substantially the following information:

A.    A statement that the work must be done or the improvement must be made to comply with the requirements of the assurance device;

B.    A statement setting forth the amount of time that the applicant has to commence and complete the required work or improvements; and

C.    A statement that, if the work or improvements are not commenced and completed within the time specified, the city will use the proceeds of the assurance device to have the required work or improvements completed. (Ord. 1671-89 (part), 1989.)

19.40.090 Use of proceeds—Work by the city.

If the work or improvements covered by the assurance device are not completed within the time specified in the notice given under Section 19.40.080, the city shall obtain the proceeds of the device and do the work or make the improvements covered by the device. The city may either have employees of the city do the work or make the improvements or, have a contractor do the work or make the improvements. (Ord. 1671-89 (part), 1989.)

19.40.100 Use of proceeds—Emergency work by city.

If at any time the planning director determines that an action or inaction associated with any assurance device has created an emergency situation endangering the public health, safety or welfare, creating a potential liability for the city, or endangering city streets, utilities or property; and, if the nature or timing of such an emergency precludes the notification of applicants as provided in Section 19.40.080 of this chapter while still minimizing or avoiding the affects of the emergency, the city may use the assurance device to correct the emergency situation. The city may either have employees of the city do the work or make the improvements, or may have a contractor do the work or make the improvements. If the city uses the assurance device as provided by this section, the applicant shall be notified by certified mail, return receipt requested, with four working days of the commencement of emergency work. The notice must state the work that was completed and the nature or timing of the emergency that necessitated the use of the assurance device without prior notification. (Ord. 1671-89 (part), 1989.)

19.40.110 Use of proceeds—Refund of excess, charge for all costs.

The applicant is responsible for all costs incurred by the city in doing the work and making the improvements covered by the assurance device. The city shall release or refund any proceeds of an assurance device remaining after subtracting all costs related to doing the work covered by the device. The applicant shall reimburse the city for any amount expended by the city that exceeds the proceeds of the device. The city is entitled to file a lien against the subject property for which the assurance device was issued for the amount of any excess which the city expends in doing the work or making the improvements. (Ord. 1671-89 (part), 1989.)

19.40.120 Itemized statement.

In each case where the city uses any of the proceeds of the device, it shall give the applicant an itemized statement of all proceeds and funds used. (Ord. 1671-89 (part), 1989.)