2011-03-30_REVISION - M1977493 (15)

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SUMMIT COUNTY LAND USE AND DEVELOPMENT CODE CHAPTER 10: Areas and Activities of State Interest . 4. A phase or phases of the Project have been satisfactorily completed allowing for partial release of the financial guarantee consistent with Project phasing and as determined appropriate by the BOCC; or 5. The applicable guaranteed conditions have been satisfied. F. Cancellation of the Financial Guarantee Any financial guarantee may be canceled only upon the BOCC's written consent. G. Forfeiture of Financial Guarantee 1. If the BOCC determines that a financial guarantee should be forfeited because of any violation of the permit, mitigation requirements, conditions or any applicable Regulations adopted by the BOCC, it shall provide written notice to the surety and the permittee that the financial guarantee will be forfeited unless the permittee makes written demand to the BOCC, within 30 days after permittee's receipt of notice, requesting a hearing before the BOCC. If no demand is made by the permittee within said period, then the BOCC shall order the financial guarantee forfeited. 2. The BOCC shall hold a hearing within 30 days after the receipt of the demand by the permittee. At the hearing, the permittee may present for the consideration of the BOCC statements, documents, and other information with respect to the alleged violation. At the conclusion of the hearing, the BOCC shall either withdraw the notice of violation or enter an order forfeiting the financial guarantee. 3. The deposit described above may be used by the BOCC in the event of the default of the permit holder for the purposes of recovering on the surety or fulfilling the permit obligation of the permit holder. In the event that any ultimate reviewing court determines that there has been a default by the permit holder, that portion of any moneys expended by the County from the escrow funds relating to such default shall be replaced in the escrow account by the permit holder immediately following such determination. The County may arrange with a lending institution, which provides money for the permit holder, that said institution may hold in escrow any funds required for said deposit. Funds shall be disbursed out of escrow • by the institution to the County upon County's demand for the purpose specified in this section. 4. If the forfeiture results in inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, the County's attorney shall take such steps as deemed proper to recover such costs where recovery is deemed possible. H. Substitute of Financial Guarantee If the license to do business in Colorado of any business issuing or holding a financial guarantee pursuant to this regulation is suspended or revoked by any State authority, then the applicant shall immediately, after receiving notice thereof, substitute a good and sufficient financial guarantee from a business licensed to do business in Colorado. Upon failure of the permittee to make substitution within the time allowed, the BOCC shall suspend the permit and/or take such other enforcement action until proper substitution has been made. 10600: PERMIT ADMINISTRATION AND ENFORCEMENT A. Enforcement and Penalties 1. Any person engaging in a development in the designated Area of State Interest or conducting a designated Activity of State Interest who does not obtain a permit pursuant to these Regulations, who does not comply with permit requirements or who acts outside the jurisdiction of the permit may be enjoined by the County from engaging in such development and may be subject to such other criminal or civil liability as may be prescribed by law. 2. If the County determines at any time that there are material changes in the construction or operation of the Project from that approved by the County, the permit may be immediately suspended and a hearing shall be held to determine whether new conditions are necessary to ensure compliance with the Approval Criteria or if the permit should be revoked. 0 27