26.10.705 Performance guarantees.
The purpose of this section is to provide assurance for the completion of all improvements and compliance with all performance standards required by any applicable license, permit, or approval issued subsequent to County regulations subject to this chapter. Project approvals subject to performance guarantees shall be established in the applicable section of the governing regulation. This section shall not apply to development projects by a local or State agency pursuant to the requirements of RCW 36.32.590. Performance guarantees shall be in the form of a surety bond or retainage account, filed with the Clallam County Treasurer.
(1) In the event of failure to comply with any terms or conditions of a permit, license or approval subject to a performance guarantee, the Administrator shall notify the applicant and guarantor in writing of the default. If satisfactory assurance that the problem is or will be corrected is not received by the Department within 30 days, or a time period mutually agreed to by the Department and the proponent, the Department is hereby authorized to utilize the funds established under the guarantee, necessary to contract for the completion of the required improvements, reclamation or repair. The Administrator shall notify the proponent in writing of action taken.
(2) In the event that property is sold, the proponent shall be responsible for transferring the financial guarantee liability by having the new owner(s) replace any existing financial guarantees filed with the County.
(3) Nothing in this section shall limit the ability of Clallam County to enforce or otherwise compel compliance with conditions of any County permit, license or approval in accordance with any enforcement provision set forth in this chapter, CCC Title 20, Code Compliance, or other County ordinances.