Sec. 12.08.090. - Bond required.
(a) Any person obtaining a permit under this article shall, before renewing or in any manner changing the surface of the sidewalk, curb, gutter, street, highway, avenue or alley, execute to the city a bond, to be approved by the city attorney, in such sum as shall be designated by the city engineer as necessary for the proper protection of the city, conditioned that the obligors of the bond will pay to the city the amount of the bond, should the person obtaining such permit fail, neglect, or refuse to complete the excavating, or filling in, the sidewalk, curb, gutter, public street, highway, avenue or alley in proper conditions to the satisfaction of the city engineer after the work provided for in the permit has been finished; provided, however, that instead of special bonds to cover particular work, any person intending to make excavations in sidewalks, curbs, gutters, public streets, alleys, or any public places in the city may make and maintain with the city a general bond in the sum of $5,000.00, which general bond shall be conditioned and used for the same purpose as the special bond hereinbefore described in this section, covering all work to be done instead of any particular piece of work; and while such general bond is maintained at the sum of $5,000.00, such person shall not be required to make the special bond previously provided in this section, but shall be required to comply with all the other provisions of this chapter.
(b) Before a permit shall be issued under this article, any applicant, with the exception of all public utilities under the jurisdiction of the state public service commission, shall file with the city clerk, upon review and approval of the city attorney, a certificate of insurance showing a minimum combined single limit comprehensive liability insurance policy of $1,000,000.00, such policy to include but not be limited to collapse and underground damage.
(c) Before a permit shall be issued under this article, any applicant, with the exception of all public utilities under the jurisdiction of the state public service commission, shall file with the city clerk, upon review and approval of the city attorney, a payment bond in a sum as shall be designated by the city engineer if the applicant has any unpaid or underpaid account with the city stemming from the issuance of previous permits under this article which account is delinquent for a period of 30 days or more following presentations. The amount of the bond will be based upon either an average of the previous delinquent accounts or, if a single instance, the amount of the current delinquency.
(Code 1966, § 7.08.050; Ord. No. 4566, § 1, 10-10-95)