Ordinance 28660006.150.081
KCH/lly
07/23/91
R10/24/91
ORDINANCE NO. 2.866
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS COMMUNITY
DEVELOPMENT CODE SECTION 19.05.050 TO EXPAND
AND CLARIFY BONDING AND INSURANCE
REQUIREMENTS, AND PROVIDING FOR AN EFFECTIVE
DATE.
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Edmonds Community Development Code section
19.05.050 entitled BONDS AND PUBLIC LIABILITY INSURANCE is hereby
amended to read as follows:
19.05.050 BONDS AND PUBLIC LIABILITY
INSURANCE
a. Bonds.
1. A surety bond, in an amount to be
determined by the Director, executed
by a surety company authorized to do
business in the state of Washington,
shall be posted by the applicant to
assure the restoration of any areas
on the site or in the surrounding
area disturbed or damaged by slides
during construction, and to ensure
completion of the work authorized by
the permit, or, if the work is not
completed, to assure that the site
will be restored to a safe
condition. The bond will be
exonerated upon occupancy approval
or upon final approval of the
building permit by the building
official.
2. In lieu of the surety bond, the
owner may elect to file a cash
deposit or an instrument of credit
with the Director in an amount equal
B.
to that which would be required in
the surety bond, and similarly
conditioned.
Insurance.
1. The owner's contractor shall carry
general public liability insurance
effective through final occupancy
approval, for the amount which the
Director determines to be
appropriate and which shall name the
City as an additional named insured,
against the injury, death, property
damage and/or loss arising from or
out of the City's involvement in the
permitting process for the project.
2. The owner shall also maintain
effective upon final approval of the
building permit a policy of general
public liability insurance, naming
the City as an additional named
insured, against personal injury,
death, property damage and/or loss
arising from or out of the city's
involvement in the permitting
process for the project in an amount
which the Director determines
appropriate given the potential for
loss in the event of site failure
for a period of not more than 10
years from the date of final
approval of the project. If such
insurance is practically
unavailable, the applicant may
request review of alternative
methods of assurance under our
subparagraph 3 below. The policy
itself may be annually renewed but
coverage must be continuously
maintained throughout the period.
The amount shall be determined by
review of the potential loss to both
public and private property which
could be attributable to the
development. A certificate
evidencing such insurance shall be
filed with the Building Official
before final approval of the permit.
Any insurance policy required by
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this rule shall provide that the
City will be notified of
cancellation of the policy thirty
(30) days prior to cancellation.
Said notice shall be sent to the
Building Official of the City of
Edmonds and shall specify the
insured's name and property address.
If a property owner's insurance is
cancelled and not replaced, the
certificate of occupancy, if any,
may be revoked and the Building
Official is further authorized where
appropriate to require vacation of
the structure in accordance with the
provisions of Section 202 of the
Uniform Building Code until such
time as the insurance has been
reinstated.
3. If the applicant is unable to
provide adequate insurance coverage
under subparagraph 2 above and
significant public or private
improvements are put at risk by the
development, the Director may
require for a period of not more
than 10 years from the date of final
approval of the project insurance,
bonding, a frozen fund account, a
letter of credit or other proof of
financial responsibility indicating
the applicant's capacity to fulfill
its indemnification agreement with
the City and to fulfill the
applicant's legal responsibility to
neighboring properties.
Section 2. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
MAY R-,—LAU ALL
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ATTEST/AUTHENTICATED:
J. MARCH
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
'1
BY
W. S OTT SNYDER
FILED WITH THE CITY CLERK: July 23, 1991
PASSED BY THE CITY COUNCIL: January 21, 1992
PUBLISHED: February 1, 1992
EFFECTIVE DATE: February 6, 1992
ORDINANCE NO. 2866
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHCjvjISH, ( ss
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
OFF.,.., printed and published in the City of Everett, County of Snohomish,
0.2866
Of and State of Washington; that said newspaper is a newspaper of
ington
oi�anuory`, general circulation in said County and State; that said newspaper
I of the City
I Ordinanceary
of the has been approved as a legal newspaper by order of the Superior
provides Court of Snohomish County and that the notice ..............
THE CITY ......
`- _.Summary. of Ordinance No. 2866
CODE SECTIONE1905- SOETO
BONDING ANDD INSURANCE
PROVIDFNGMFORSND
'AN EFFEC. City of Edmonds
TIVE DATE...........................................
will befmalled upon request.
DATED this 21st day of
January 1992:
CRI ity Clerler kJ. MARCH ..................................
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Published: February 1, 1992, a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
... ebrua y... 1992
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and that said newspaper was regularly distributed to its subscribers
during all -'of said Oriod.
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Principal Clerk
Gi
Subscribed and sworn to before me this.... 2.0.th...........
r day of ... ...... .o? Ll........................................ 19.... 9 2
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Notary Public in and fo the State of Washington,
/ residing at Everett, Sno omYsh County.
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