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Landscape contractors as defined in this section shall be responsible for the disposal of all waste materials created by or resulting from the work being done. Waste, as defined herein, as created by or resulting from a landscape contractor’s work shall include grass clippings, trimmings, leaves, plants, bushes, branches, dirt, sod and rocks. Any and all waste created by a contractor’s work shall be removed off-site and shall not be permitted to be left for removal by the city or refuse contractor hired by the city. Leaves from adjoining properties left by landscape contractors on the tree lawn, not on the roadway surface, shall be removed by the city only during the regular annual fall city-wide clean-up.
(Ord. 40-2010, passed 3-3-2010)
The Public Works Department shall suspend or revoke any certificate of registration and qualification issued under this chapter for any of the following reasons:
(a) Misrepresentation of a material fact by the applicant in obtaining a certificate of registration and qualification;
(b) Blatant disregard in controlling runoff to neighboring properties;
(c) Departure from or disregard of plans and specifications filed with the application for a permit; or
(d) Noncompliance with or a violation of any of the provisions or regulations of the Federal Clean Water Act, 33 U.S.C. §§ 1251 et seq. or any violation of Chapter 1060 and Chapter 1061.
(Ord. 40-2010, passed 3-3-2010; Ord. 43-2014, passed 4-14-2014)
The fee to be charged for the issuance of each certificate of registration and qualification for a landscape contractor shall be set forth in Chapter 208 of the Administration Code - the General Fee Schedule. Each such certificate shall expire on December 31 of the year of issuance. A registered landscape contractor may under this registration perform work in connection with any or all trades as specified under § 1065.01. Any registered contractor or subcontractor also working in the building trades as specified under Chapter 1438 of the Building and Housing Code is not considered as being registered as a landscape contractor under this chapter. Building trade contractors and landscape trade contractors have separate registration requirements, restrictions and registrations. Registration for landscape contractors shall be issued through the Public Works Department.
(Ord. 40-2010, passed 3-3-2010; Ord. 43-2014, passed 4-14-2014)
Any revocation, suspension or refusal to issue or renew a license or a certificate of registration and qualification or any other action or determination by any administrative officer under this chapter may be appealed as provided in Chapter 1061.
(Ord. 40-2010, passed 3-3-2010.)
(a) In order to be registered with the city, every contractor must maintain the following insurance:
(1) Commercial general liability insurance on an occurrence basis in a combined single limit of not less than $500,000 per occurrence;
(2) If the contractor has employees, employer’s liability insurance with a limit of not less than $500,000 per occurrence;
(3) Automobile liability insurance with a limit of not less than $500,000 per occurrence;
(4) If the contractor will perform work in the public right-of-way, an umbrella liability insurance policy with a limit of not less than $1,000,000; and
(5) Workers compensation insurance in the amount required by law.
(b) Every policy of insurance required by divisions (a)(1) through (a)(4) of this section shall be issued by a solvent insurance carrier licensed to engage in the business of insurance in Ohio and shall designate the city as an additional insured. The commercial general liability insurance policy must contain a provision that the policy may not be cancelled, terminated or materially changed except upon at least 30 days prior written notice to the city.
(c) Every application for a certificate of registration and qualification shall be accompanied by certificates evidencing that the insurance policies required by divisions (a) and (b) of this section are in effect.
(d) Every application for a certificate of registration and qualification shall be accompanied by a contractor’s bond in the amount of $5,000 on the city’s approved form and executed by the applicant and a solvent surety company licensed to engage in the business of insurance in Ohio.
(Ord. 50-2018, passed 4-9-2018)
A contractor with a valid certificate of registration within the city shall be eligible to request additional certification as a “Green Team” member. “Green Team” certified contractors shall be required to follow additional certification requirements as described in the Avon Lake Green Team Certification Criteria Policy adopted by Council and available from the Stormwater Program Manager.
(Ord. 40-2010, passed 3-3-2010; Ord. 43-2014, passed 4-14-2014)
(a) The Urban Forester, as defined in § 1018.03, or Urban Forester’s designee may issue citations to any person who fails to comply with the provisions of this chapter.
(b) Whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined not more than $100 for each offense. A separate offense shall be deemed committed for each seven days of continued violation or noncompliance.
(Ord. 40-2010, passed 3-3-2010; Ord. 23-84, passed 5-9-2023)