§ 17.38.040. Release of security.

A.

The security furnished by the subdivider shall be released in whole or in part in the following manner:

1.

Security given for faithful performance of any act or agreement shall be released upon the performance of the act or final completion and acceptance by the board of the required work. Notwithstanding the preceding sentence, a maximum of three partial releases of the security may be granted by written order of the director of planning upon a determination by the director of the acceptable work that has been completed and the amount of security that is necessary to guarantee the completion of the remaining improvements. Requests for partial release, setting forth in detail the amount of work completed, shall be made in writing to the director of planning.

2.

Security securing the payment to the contractor, his or her subcontractors, and to persons furnishing labor, materials or equipment may, ten days after passage of the time within which claims of lien are required to be recorded pursuant to Civil Code Section 3114 and after acceptance of the work by the board, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the board. If no claims have been recorded, the security shall be released in full. If claims have been filed, the balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. Requests for such release shall be made to the director of planning, who may, prior to the release of any security under this subsection, require the land divider to provide a title report or other form of evidence sufficient to show what claims of lien, if any, are of record on the land division, and that each such lien has been satisfied or otherwise resolved.

3.

The monument security shall be released upon satisfactory completion of the monumenting work and receipt of evidence that the cost of the monumenting has been paid and that the engineer or surveyor doing such work has receipted for such payment.

B.

The director of planning is authorized to release or reduce the security in accordance with the provisions of this section.

C.

The release(s) shall not apply to any required guarantee and warranty period, nor to the amount of the security deemed necessary by the county for such guarantee and warranty period, nor to costs and reasonable expenses and fees, including reasonable attorney fees. Such warranty security shall only be released if:

1.

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected;

2.

Not less than twelve months have elapsed since the acceptance of the improvements by the county or the filing of the notice of completion by the subdivider, whichever is later.

D.

Notwithstanding any other provision herein, in any case where the performance of the obligation for which the security is required is subject to the approval of another agency, the security shall not be released until the obligation is performed to the satisfaction of such other agency. The director of planning shall notify such agency in writing within ten days of the date the obligation has been completed to the satisfaction of the county, and that the agency has two months after completion of the performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period the agency has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the performance of the obligation was done to such agency's satisfaction, and the required security will be released.

(Ord. 854 § 2 (part), 1987: prior code § 11691.3)

(Ord. No. 1379, § 126, 1-29-2013)