§ 5.20.090. Permit—Security.  


Latest version.
  • Every application for a permit pursuant to this chapter shall be accompanied by security in the amount of no less than five thousand dollars as an assurance that the applicant will well and faithfully perform all duties and obligations required by Sections 117400 to 117450 of the Health and Safety Code of the state, this chapter, and such terms, conditions, orders and directions as the director of planning, building and environmental services, or the director's duly authorized representative, may deem necessary for the protection of human health and comfort and the environment pursuant to Section 5.20.100 of this code and Section 117405 of the Health and Safety Code of the state. The security shall be in one or more of the following forms, which shall constitute a trust fund not subject to levy or attachment by any creditor of the permittee until released by the county and any document evidencing such security shall so provide:

    A.

    A bond or bonds by one or more duly authorized corporate sureties authorized to do business in the state;

    B.

    A deposit with the county treasurer of cash or negotiable bonds of the kind approved for securing deposits of public moneys;

    C.

    An instrument of credit, in a form acceptable to the county counsel, from a financial institution subject to regulation by the state or federal government, pledging that funds constituting the required amount of the security are on deposit and guaranteed for payment;

    D.

    A letter of credit, in a form acceptable to the county counsel, issued by a financial institution subject to regulation by the state or federal government, guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid to and upon the written demand of the director of planning, building and environmental services and that such written demand need not present any documentation of default or loss as a condition of payment;

    E.

    Assignment to the county of a certificate of deposit with any financial institution subject to regulation by the state or federal government, in a form acceptable to the county counsel, and payable to the county upon written demand of the director of planning, building and environmental services. If this form of security is utilized by the permittee, the amount of the certificate of deposit shall be increased to include the largest penalty which might be assessed for early withdrawal in the event demand by the director should occur during the term of the certificate of deposit. Accrued interest may be withdrawn by the permittee at such times as permitted without penalty by the terms of the certificate and shall not constitute part of the security.

    (Ord. 1254 § 4 (part), 2005: Ord. 963 § 3 (part), 1990: prior code § 6107)

(Ord. No. 1379, § 14, 1-29-2013)