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HomeMy WebLinkAbout1996 Ordinance No. 014• • ORDINANCE NO . .i SERIES OF 1996 BY AUTHORITY COUNCIL BU.:.:. NO. 20 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 5, CHAPl'ER 7, SECTIONS S, 11 AND 13 ; AS WELL AS TITLE 8, CHAPl'ER 1, SECTION 8, OF THE ENGLEWOOD MUNICIPAL CODE 1986 AUTHORIZING THE CHIEF llUlLDING OFFICIAL TO SUSPEND OR REVOKE CONTRACTOR LICENSES AND CERTIFlCAfES OF REGISTRATION UPON VIOLATION. WHEREAS, the Chief Building Official i1 ve1ted with the authority to iaaue licenaes and renewal of licen1es; and WHEREAS , this Ordinance will grant the Chief Building Official the authority to suspend or revoke such licenaes; and WHEREAS , this Ordinance will provide an appeal process for the licensee or registrant which the present Englewood Municipal Code doet1 not addrels; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: 5i:s:tilm..l . The City Co uncil of the City of Englewood , Colorado hereby approves amending Title 5, Chapter 7, Section 3 of the Englewood Municipal Code to read as follows: 5-,7-3 : AUTHORITY: A. General. This Chapter pro,;des for the licensing and registration of contractors as defined and stipulated herein. B. Li censes. The Di v ision of Building and Safety is vested with the authority to establish licensing procedures, to qualify applicants for licenses, to establish and administer examinations for licens! applicanta , to authorize the issuance and renewal of lic 1mses and to reeon,,nend su s peno.ten or revoKEeeften. ef licenses. The Sio, 1,;eeose er.;,,.,. CHIEF BUILDING OFFICIAL is vested with the authority lo issue and to renew licenses purs uant 1D said authorization and to suspend or revoke SUCH licenses . C. Regist ration of E lectriccl, Plumbing and Plumbing/Mechanical Contractors . The Divi sion of Building and Safety is vested with the authority to establish r egistration procedures for electrical, plumbing and plumbing/mechanical contractors and to qualify applicant, for certificates of registration . The Chief Building Official is vested with the authority to iss ue and to renew certificates of registration and to suspend or revoke certificates of registration . D . Stop Work Order . Any authorized agent of the Division of Bu1~din" and Safety may issue a s top work order to any contractor or work.man when he/SHE finL s it necessary to enforce the provisions of this Chapter. Commencement of work, after a stop work order has been i ssu ed , ~ha!l not take place until al l pr ope r li ce m,es or certificates of registration have been iss ued to the contractor or contractors inv olved . ~. The City Council or the City o( Enclewood, Colorado hereby approve■ amendinr Tille 5, Chapter 7, Section 11 of the Englewood Municipal Code to read u follow■: &-7-11: LICENSE AND CERTIFICATE SUSPENSION OR REVOCATION: A. Definitions . I. Suspension. Suspension shall mean that tne authority tD perform work authorized by any legally issued City contractor licen1e or cortificat.e of regilltratlon !1 temporarily withdrawn for a period of time not lo uceed 1ix (6) months . 2. Revocation. Revocation llhall mean lhllt any legally ioaued City contractor liceno e or certificate of registration shall become null and void . The affected licenoee or registrant may not apply for a new license or certificate oooner than one year from the date of revocation . Revocation action m1y remain in effect as long u any violation of this Code remains unabated. B Authority. The Chief Building iMpefteP OFFICIAL obRII, upon n,ceipt of a ve rifi ed complaint in writing, or upon personal obeervation of any violation of the provi1ion11 of this Chapter, require any licensee or regi■tnmt tD appear before the l,ieenee 81fieer CHIEF BUILDING OFFICIAL for a bearing, upon~ FOURTEEN (14 ) daya ' notice in writing to said Ii •nsee or registrant at his/HER last known post office addresa . The bieeooe 8ffieer CHIE F B LTILDING OFFICIAL shall have the power tD BUIJ)end or revoke 1111)' contractor li cense or certificate of registration, if the biee.Me 8ffieer CHIEF BUILDING OFFICIAL s bsll find by a preponderance of evid ence that the lic ens ee or registrant bas: I. Abandoned any contract without legal cause. 2. Diverted funds or property received fo r performance of a specific contract and applied such fund for any other purpose , or failed lo use such funds for the performance of said contract. 3. Fraudulently departed from or di sregarded app ro ved plans and/or specifications during the performance of any constructi on activity. 4. Willfully and/or deliberately di s regarded any provision of the Englewood Municip al Code or any provision c · •my secondary code adop ted therein . 5 . Misrepresented a material fact in order to obtain a license, certificate or permit. 6 . Engaged in any willful, fraudul ent act as a contractor by which another is injured . 7 . Used h is/HER license or certificate of regi stration to obtain pennit11 for another. 8. C~relessly or negligently failed tD provide reasonable safety meaoures for 010 protection of workmen and th e public . 9. Failed or refused to obtain a permit for any work prior to starting a job. • • • • C. Faulty Comtructlon Corrected. When a Ii-.. or certificate of reelltntion ia 1111pended, no new permit■ ■hall be i11ued 1n ■uch licen• .. or regmrant until ar,y faulty comtruction bu been co~ in accordance with the proviliou oC Ibo Englew'-Od Municipal Code. In the event that any faulty comtruction ia not corrected within ■ix (6) mon tha of the suapenaion, lhe 1,ieense Q&;eer CWEF BUil.I)ING OfflCIAL aball have the authority 1n revoke tho licenae or certificate of regi■tration in question . D. Emergency Suapension . The Chief Building ~ OFFICIAL may make an emergency auspension of any license or certificate of registration ■houl d the actions of the contractor involved pose an immediate, serioua and imminent threat to the health, safety ..nd welfare of the residentl of the City. Suc:h emergency auspei. ion shall not continue longer than ~ SIXTY (60) days without a hearin& before the l,ieense 9ffieer BOARD OF ADJUSTMENT AND APPEAL<: . ..51:1:tilmJ1 , The City Council of the City of Englewood, Colorad o hereby approves amending Title 5, Chapter 7 , Section 18 of the Englewood Municipal Code to read as follows: 5 -7-13: PENALTIES: A. Any penon who shall violate any of the provisioos of this Chapter oc who shall violate or fail to comply with any order made thereunder, and from which no appeal bas been taken; or who shall fail 1n comply with such an order 88 affirmed or modified by the l,ieense 9ffieer BOARD OF ADJUSTMENT AND APPEALS , or by a court of competent jurisdiction, within the time fixed therein, shall be conaidered to have violated this Code and ahall be subject 1n those penalties prescribed in Section 1-4-1 of the Englewood Municipal Code . The impos ition of on e penalty for any violation shall not excuse the violation nor permit it to continue, and all such person s shall be required 1n correct or remedy such violation within a r easonable time . B. The suspension or revocation of any license or certificate of regist.ration or other privileges conferred by the City shall not be regarded 88 a penalty for the purposes of enforcement of this Code. S!:diwu . The City Council of the City of Englewood, Colorado h ereby approves amending Title 8 , Chapter 1, Section 8 of the Englewood ll'unicipal Code to read as foll ows: 8-1 -8 : APPEALS: Whenever the Chief rluilding Official ~ shall disapprove an application; "" r efuse 1n grant a pennit; DENY OR REVOKE A LICENSE OR CERTIFICAT E OF REGISTRATION e:ps,lied fer , ; M disapprove an applic ation for alternate materials or methods; M when it i s claimed that the provi sions of the Englewood Building and Safety Code do not apply in the mann er in which the Chief Building Official or an agent determines, or when it is claimed that lhe true intent and meaning of the Code hove been misconstrued or wrongly interpreted by the Chi ef Building Official or an agent, any penon aggrieve-I thereby may appeal !.-or, the decision of the Chief Building Official or an agent 1n the Englewood Board of Adjustmeut and Appe·,ls within thirty (30) days from the date of the decision appealed , which Board shall review the decision of lhe Chief Building Official or an agent and render a final and binding decision tl,ereupon . In con s id erin g such appeals, the Englewood Board of Adjustm ent and Appeals shall have the pow er s granted tr the Chief Building Official. IntroJuced, read in full, and paMed on f!J'llt readinf on the lit day al April, 1996. Published as a Bill for an Ordinance on the 4th day of April, 1996. Read by title and paaaed on final reading on the 16th day of April, 1996. Published by title as Ordinance No . L!t, Seriea of 1996, on the 18th day of April, 1996 . ~-{!£ ~ Clerk ~ I, Loucrishia A. Ellis , City Clerk of the City o! EnglewQ('d , Colorado, hereby certify that the abo,•e and foregoing is a true copy of the Ordinance passed on ~mal reading and published by title as o.a;,,.. No Li So;o _,_ L L,_(/,(&_, Louc:rishia A. Ellis • • • • COUNCIL COMMl'.<ICATION Date I Agenda ltrm I Subject Appeal Process for 11 a iii Bu ilding licenses Apri l 1, 1996 Initiated By Staff Source Safety Services, Buildi ng Division Ben G ree ne , Assisla nt Fire Marshal COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N one. RECOMMENDED ACTION Staff sixks Counc il 's approval of Council Bill No. 20 BACKGROUND, ANALYSIS , AND Al TERNATIVES IDENTIFIED Du ri ng ·,995, a sit uation arose co ncerning co ntracto r li censing, suspe nsion and re voc at io n. The Englewood Municipal Code does not address iss ues of app eal for suspension and revocation of a contractors license. Also , the office author ized with issuance of the l icense is not authorized to suspend or re,oke such license. Th is b i ll addresses l icensing and renewal of licen ses for contractors work ing within the C ity of En glewood. Also contained with in thi s b ill is the establ is hment of an appea l process for th e contrac Ior co nce rning licensi ng . The current edition of Municipal Code authorizes th e Division of Bu i lding and Safety to estab l is h licensi ng procedu res, qua l ify app licant s ior licens es, to au th or iz e the iss uan ce and re newal of li ce nse s and to only reco mmend suspe ns ion or revoca tion of licenses . Th is bill w ill change the autho rity oi sus pens ion and revoc at io n oi cont ra ctor license fr om the City License Offi ce r to thaI oi the Chief ':n.:dG1F1g Officia l. The Chief Build ing O ffic ial is familiar with contract ors, th e type of work. nomenclatu re of the work and reaso ns why lice nse should be suspended or revoked. The most sign ificant change created with th e adoption of thi s bill is the est abl's hmen t of an appeal proces s fo r contractor li (ense. The current Engl ewood Mun icipal Code does not address the appeal process for co ntractor li cense. Thi s b ill will provide an ave nue of appeal for disp ut es con cernin g contractor licensing. The re mai nder of t he b ill cleans up la nguage . Adding the word "he r· to the la nguage , provi d i n g more accurate terminology to reflect th e current work fo rce. The bill al so aut hori ze s a reaso nable ti me fram e fo r notification of heari ngs, changi ng the notificat ion time frame fro m 5 days to 14 da ys. FINANCIAL IMPACT N one . LIST OF ATTAC HME NTS Pro p os ed Boll for an Ord in an ce.