§ 21.80.090. Performance assurance.

A.

The required landscaping must be installed prior to issuance of the certificate of occupancy unless a performance assurance device such as assignment of savings, letter of credit or performance bond is provided to assure completion of required landscaping. Landscaping is expected to be completed prior to occupancy. In no case may the property owner/developer delay performance for more than one year after occupancy.

B.

The county may accept, as an alternative to a performance assurance device, a contractual agreement or bond between the owner/developer and a licensed landscape architect, Washington-certified nurseryman, or Washington-certified landscaper, along with a rider or endorsement specifically identifying the county as a party to the agreement for purposes of enforcement. Nothing in this alternative shall be interpreted to in any way modify the conditions of Section 21.80.090A.

C.

If a performance assurance device or evidence of a similar device is required under Section 21.80.090A and B, the department shall determine the specific type of assurance device required in order to insure completion of the required landscaping in accordance with the approved landscaping plan. The value of this device must equal one hundred fifty percent of the estimated cost of the landscaping to be performed, and shall be utilized by the county to perform any necessary work, and to reimburse the county for documented administrative costs associated with action on the device. If costs incurred by the county exceed the amount provided by the assurance device, the property owner shall reimburse the county in full, or the county may file a lien against the subject property for the amount of any deficit.

D.

If a performance assurance device or evidence of a similar device is required under Section 21.80.090A and B, the property owner shall provide the county with an irrevocable notarized agreement granting the county and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device.

E.

Upon completion of the required landscaping by the property owner, at or prior to expiration of the assurance device, the county shall promptly release the performance assurance device or evidence thereof.

F.

Maintenance Requirements.

1.

Whenever landscaping is or has been required in accordance with the provisions of this code or any addition or amendments hereto, or in accordance with the provisions of any previous code or ordinance of the county such requirements shall be set forth in a recorded document sufficient to bind the land. The landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.

2.

The county is authorized and empowered to notify the owner of any property required to be landscaped, or the agent of any such owner, that such landscaping is not being adequately maintained and the specific nature of such failure to maintain. The notice shall specify the date by which such maintenance must be accomplished, and shall be sent by registered mail, addressed to the owner at the owner's last known address.

3.

Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to perform the required maintenance within the time specified in the written notice, or within fifteen days after the date of such notice, the county is authorized and empowered to cause the required maintenance to be done and provide for payment of the cost thereof, with such cost, together with interest at the rate then in effect for interest on judgments in the state of Washington, to be charged against the property owner.

4.

Recorded Statement Constitutes Lien. If the full amount due the county is not paid by such owner within thirty days after being informed of said charge then, in that case, the county may cause to be recorded in the Thurston County auditor's office a sworn statement showing the cost and expense incurred for the work, the date the work was done and the legal description of the property on which such work was done. The recording of such sworn statement shall constitute a lien on the property, and shall remain in full force and effect for the amount due in principal and interest, plus court costs and attorney fees if any, until final payment has been made. Such lien shall be foreclosed in the manner provided by Chapter 60.04 RCW for the foreclosure of liens for the improvement of real property.

5.

Alternative Methods of Collection of Damages. In addition to or in lieu of foreclosure of the lien provided for in this subsection, the county may seek personal judgment against the property owner for charges, costs and attorney fees incurred and any civil penalties assessed pursuant to the Thurston County Code.

(Ord. 11499 § 27, 1997: Ord. 11274 § 1 (part), 1996)