A. An abatement security device is required for all projects that are not individual single-family homes and that involve more than 5,000 square feet of clearing and/or more than 250 cubic yards of excavation and/or fill. In addition, the director may require an abatement security device for other projects, including individual single-family homes, that can cause problems related to earth and water resources such as erosion and sedimentation or slope instability.

B. The director shall determine the amount of the abatement security device; it must be sufficient to correct or eliminate problems related to earth or water resources, either on or off site, caused by project clearing and grading.

C. The director shall determine acceptable forms (such as assigned savings accounts or letters of credit) for abatement security devices. Interest from any interest-bearing form of the abatement security device shall accrue to the depositor.

D. Should the city, at any time during the life of the permit, find it necessary to expend any portion of the abatement security device to correct any work not in accordance with the approved plans, or abate conditions, per Chapter 1.18 BCC, now or as hereafter amended, a stop work order shall be issued to the permittee prohibiting any additional work until the permittee reestablishes the original amount of the security and implements more rigorous erosion control BMPs to prevent reoccurrences of the problem. If the city uses any of the abatement security, it shall give the permittee an itemized statement of all funds used. If city costs exceed the amount of the abatement security, the permittee shall reimburse the city for the excess costs.

E. The city shall release the abatement security device once final clearing and grading approval has been given per BCC 23.76.180, now or as hereafter amended.

F. If at any time the city manager determines that clearing and/or grading associated with an abatement security 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; the city may use the abatement security device to correct the emergency situation. The city may have city employees or a contractor working under the city’s direction do the work or make the improvements. If the city uses the abatement security device as provided by this section, the permittee shall be notified in writing within four 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 abatement security device without prior notification. (Ord. 6318 § 30, 2016; Ord. 5906 § 20, 2009; Ord. 4754 § 2, 1995.)