---
title: Duluth UDC § 1007.03 — Duluth
jurisdiction: duluth
governing_jurisdiction: Duluth
source_url: "https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf"
effective_date: "2026-07-13"
as_of: "2026-08-13"
canonical: "https://www.gwindex.net/code/duluth/1007.03"
licence: "CC0-1.0"
---

# Duluth UDC § 1007.03

Bond Forfeiture

**Governing jurisdiction: Duluth.** A "Duluth, GA" mailing address is usually NOT in the City of Duluth. Unincorporated Gwinnett is 67.3% of the county's land area and is governed by a different code, a different board and a different permit portal. Resolve the governing jurisdiction before answering any zoning question.


- **Article:** 10 — Erosion Control and Stormwater Management
- **Pages in source:** 275–276
- **Adopted:** 2025-09-08
- **Amended through:** 2026-07-13
- **Source:** https://www.duluthga.net/UDC_ADOPTED_9.8.2025_Amended_7-13-26.pdf

## Text

If, through inspection, it is determined that a person engaged in land-disturbing activities has failed to comply with
the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the
measures necessary to achieve compliance with the plan and shall state the time within which such measures must
be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he

274 | P a g e

Article Ten. Erosion Control and Stormwater Management

shall be deemed in violation of Division I of this Article and, in addition to other penalties, shall be deemed to have
forfeited his performance bond, if required to post one under the provisions of Section 1005.02(5). The Local
Issuing Authority may call the bond or any part thereof to be forfeited and may use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.

1. A written notice stating that there has been a failure to comply with the approved plan or Division I of this
Article shall be served on that person. The written notice shall contain the following:

a. a description of the problem that constitutes a failure to comply,
b. the measures necessary to achieve compliance and
c.
a specific date and time by which compliance must be obtained.
2. If compliance has not occurred before the date and time specified in the written notice, the person shall
be deemed in violation of Division I of this Article and all remedies under Division I shall be available to
the City. The bond required under Section 1005.02(5) shall be deemed forfeited upon failure to comply
within the time frame allowed by the written notice.
3. In order to use the forfeited bond, the City must send written notice to the person stating that the bond
has been forfeited by the failure to obtain compliance within the specified time. The notice of bond
forfeiture shall include information concerning the appeal of the automatic forfeiture. The notice shall
state that an appeal must be filed with the City Manager within ten days of the date of the notice of bond
forfeiture. The notice shall state that if an appeal is not filed within ten days of the date of the notice of
bond forfeiture, the City will use the bond to obtain compliance with the City’s ordinance.
4. Any appeal shall be heard in accordance with the procedures of the Appeals Article.