SEC. 91.8305. GUARANTEE OF COMPLETION REQUIRED.

(Amended by Ord. No. 171,175, Eff. 7/25/96.)

91.8305.1. Relocation Permit. No relocation permit shall be issued unless the applicant therefore shall first post with the Department of Building and Safety a bond in an amount equal to the cost of the work required to be done, plus an additional 25 percent, guaranteeing compliance with all conditions of the permit and completion of all work described in the plans and specifications therefor, as estimated by the Department of Building and Safety. The applicant may post either a surety bond or cash bond or negotiable United States Treasury Certificates of the kind approved by law for securing deposits of public money.

The bond shall be executed by the applicant as principal and, if a surety bond, shall also be executed by a corporation authorized to act as surety under the laws of the state of California. The bond shall be a joint and several obligation and shall be conditioned upon the faithful performance of all terms and conditions of the permit and of all work described in the plans and specifications therefor to the satisfaction of the Department of Building and Safety. The bond shall contain the further conditions that should the applicant fail to complete all such work within the time specified on the permit, the City may, at its option, cause all of such work to be done or completed in accordance with the terms and conditions of the permits and the plans and specifications therefor on file with said Department, or demolish the building.

The parties executing the bond shall be firmly and continuously bound for the payment of all the costs necessary to complete the work or demolish the building under all terms and conditions of the bond. The cost shall include the cost to complete the work or demolish the building, including any cost to monitor or remove asbestos, plus an amount equal to 40 percent of the cost to cover the cost to the City of administering the contract and supervising the work required. (Amended by Ord. No. 175,596, Eff. 12/7/03.)

Whenever the applicant elects to deposit cash or approved negotiable United States Treasury Certificates, the City shall be authorized in the event of any default on the part of the applicant to use any or all of the cash or approved negotiable certificates to cause the work to be done and for the payment of all costs thereof. The term of the bond shall begin on the date of the deposit of the cash or negotiable certificates or the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the Department of all such work. The fact of such completion shall be evidenced by a written statement thereof signed by the Superintendent of Building and thereafter the cash deposit or certificate shall be returned to the applicant, or the surety bond released, as the case may be.

Whenever the City elects to have such work done because of the applicant’s default, the amount of the deposit or certificates in excess of all cost of such work shall be returned to the applicant after the work has been so approved.

EXCEPTION: No bond need be posted in any case where the Department shall determine that the only relocation involved is that of moving a building temporarily to the regularly occupied business premises of a house mover, or that of moving a building to adjacent property of the same owner. The exceptions herein made shall not apply unless the Department further finds that no such security is necessary in order to assure compliance with the requirements of this section.

91.8305.2. Security Deposit. No House Mover’s Permit shall be issued to any house mover pursuant to the terms of the Los Angeles Municipal Code, Sections 62.62 to 62.93, inclusive, until the applicant therefor shall have deposited with the Department of Building and Safety a security deposit of $2.00 per square foot of total floor area of all buildings, as stated in the application provided for in Subsection A of Section 62.84 of the Los Angeles Municipal Code.

In lieu of the specific deposit for each application, any house mover may make and maintain a general deposit in the sum of $3,000.00 which shall be used for the same purposes as the specific deposit mentioned in this section.

If, for any reason, the move as authorized by the House Mover’s Permit is not completed within 30 days of the date of issuance and it becomes necessary for the Department of Building and Safety to either remove or demolish the building or structure, the cost of so doing plus an administrative fee of 40 percent shall be deducted from the aforementioned deposit. The remainder of such deposit, if any, shall be refunded to the person making such deposit, or to the person’s assigns.

In case the deposit shall not be sufficient to pay the cost of removal or demolition, or of the costs of repairs, if any, the person making such deposit shall, upon demand, pay to the Department of Building and Safety a sufficient sum to cover all such cost. Upon failure to pay such sum, it may be recovered by the City in any court of competent jurisdiction.