§ 38-75. Surety bond.

(a)

A surety bond shall not be required prior to notice becoming effective. However, following the giving of any notice, in the event that the public works director determines that any activities relating to the timber harvesting are being conducted that pose likelihood of damage to any public rights-of-way or danger to the public safety, the public works department shall be authorized to demand a surety bond from the timber harvester. The surety bond shall be delivered to the public works department within three business days following receipt of written demand for the same, unless within said time a written notice of appeal is received by the public works department contesting the requirement of the surety bond. In the event of such contest, the public works department shall, no later than five business days, schedule an administrative hearing in such matter before the chairman, who shall deliver a decision within three business days of said hearing. The decision of the chairman shall be conclusive and binding for all purposes. Following any contest as provided above, all timber harvesting authorized pursuant to the applicable notice shall be suspended until the surety bond, if any, is delivered to the public works department as required by the chairman.

(b)

The amount of the bond shall not exceed $5,000.00. The bond shall indemnify the county against any and all damage caused, as a result of the timber harvesting and related activities, to any county roads, rights-of-way, points of egress or other public property. The surety bond shall also indemnify the county for any costs incurred in the cleanup of waste or debris left on public property as a result of the timber harvesting.

(c)

Upon completion of any necessary repairs to public property and removal of all waste and debris, the county will release the timber harvester from the surety bond.

(d)

In no event shall the delivery of a surety bond limit the liability of any person engaged in timber harvesting and related activities for damages to public property or rights-of-way or for other personal injury or property damage.

(e)

No more than one surety bond shall be required at any one time from a timber harvester hereunder regardless of the number of tracts harvested in the unincorporated areas of the county so long as said surety bond remains in effect; provided that a valid replacement surety bond must be obtained and delivered to the public works department no later than the close of business on the fifth day following the day that the county files a claim to recover damages against the then-existing surety bond. Upon filing such claim, the public works department or other designee of the county shall immediately provide notice thereof, including the date such claim was filed, to the person causing the damage. Such notice may be given by person, by transmission of an electronic record via tele facsimile, or by e-mail. For purposes of the section, any such surety bond shall be valid only for the calendar year in which delivered.

(Ord. of 2-6-2018, § 2)