§ 8111-2.8. Sureties.

Except as otherwise specified in this Chapter, the decision-making authority may impose a penal and/or performance surety on any discretionary entitlement as a condition of such entitlement. The sureties shall be filed in a form acceptable to the County Counsel and certified by the County Clerk.

a.

The required amount of the surety(s) may be increased periodically by the Planning Director in order to compensate for inflation (based on the applicable regional Consumer Price Index) or other factors, so that the same relative value of the surety is maintained over the life of the permit, and to assure that performance sureties continue to reflect the actual anticipated costs for completing a required task. No surety shall be released until after all of the applicable conditions of the permit have been met.

b.

In the event of any failure by the permittee to perform or comply with any term or condition of a discretionary entitlement, the decision-making authority may, after notice to the permittee and after a public hearing, determine by resolution the amount of the penalty, and declare all or part of the surety forfeited. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the County of Ventura. The forfeiture of any surety shall not insulate the permittee from liability in excess of the sum of the surety for damages or injury, nor from expense or liability suffered by the County of Ventura from any breach by the permittee of any term or condition of the permit or of any applicable ordinance or of the surety.

c.

The permittee shall maintain the minimum specified amount of a penal surety throughout the life of the entitlement. Within 30 days of any forfeiture of a penal surety, the permittee shall restore the surety to the required level.