§ 11-134. Deductions from deposit; notice and hearing

In the event that the permittee fails to leave the area where construction materials or a storage device was placed as clean and in as good condition when the materials or devices are removed as before they were placed, or if damage is caused to public or private property by the delivery, placement, maintenance, use, or removal of the materials or devices and is not repaired by the permittee or at his instance and expense, the director of public services may direct that the necessary cleanup or repair work, or both, be done and that all costs incurred be deducted from the permittee's deposit.

The director of public services shall establish procedures to provide the permittee notice and or opportunity to be heard before any work which is to be paid for by a deduction from the permittee's deposit is performed or authorized, except that when immediate action is required to prevent injury to persons or property the procedures shall provide for notice to the permittee and an opportunity to be heard as soon as reasonably possible after the work is performed or undertaken.

In the event that the cost of any reasonably necessary cleanup or repairs exceed the amount of deposit, all such excess cost shall be due and payable to the City of Costa Mesa by the permittee, upon demand by the director of public services, and shall constitute a debt to the city.

(Ord. No. 76-41, § 2, 9-7-76; Ord. No. 84-37, § 2, 9-17-84)