(A) All building contractors providing services within the Town of Beverly Shores must register with the town by completing the application for contractor registration and paying the annual registration fee to the Clerk-Treasurer in advance of performing any activity in the town. This registration requirement applies to all entities of any kind or individuals performing any work as a contractor or sub-contractor for: construction, repair, maintenance, excavation, electrical, plumbing, drywall, painting, roofing, or any other construction related activity, tree services, landscaping services, driveway installation or sealing or any other similar contractor-provided services in the town irrespective of whether a building permit is required. This registration requirement does not apply to a: homeowner, engineer, architect, employee of a contractor, delivery service, or a supplier of product or material who performs no other services in the town.
(B) As a part of the contractor registration application, all building contractors will be required to provide a certificate of liability insurance that is no less than $500,000, and including coverage that is in compliance with Indiana workers' compensation, occupational health and safety laws, and property damage. The certificate holder shall be, "Town of Beverly Shores, 500 Broadway PO Box 38, Beverly Shores, IN 46301." The insurance policy shall be maintained as long as the registered contractor continues to do business in the town.
(C) Any violation of this section shall cause the Building Commissioner to issue a stop-work order on all projects the building contractor is doing in the town.
(D) The annual registration fee is stated in the Town Fee Schedule, § 10.99. Registration fees are nonrefundable. Registration shall be effective on the date issued and expires on December 31 each year. The registration may be renewed for the following year beginning December 1. Renewal registrations must be completed by January 31. Registrations that are not renewed by January 31 shall lapse and require a new application. If an application for contractor registration lapses, the contractor must cease all business in the Town of Beverly Shores until an application for contractor registration is renewed or otherwise reinstated.
(E) (1) If the Building Commissioner determines that a building contractor has committed fraud, misrepresentation and/or multiple or flagrant violations of the Town Code, then the Building Commissioner shall notify by registered mail the building contractor, the property owner of record on the approved building permit, and the Plan Commission of the violations.
(2) The Plan Commission will, within 30 days of notice being served, conduct a hearing to review the findings by the Building Commissioner and, if necessary, establish any penalty, which may include but is not limited to the following:
(a) Revocation of contractor registration;
(b) Revocation of building contractor's approval on any or all building permit(s); and
(c) Denial of the surety (performance) bond acceptance by the Town of Beverly Shores from the building contractor on the current and/or future projects for a period of one year.
(3) Any decision of the Plan Commission may, within 30 days, be appealed to the Town Council.
(F) If a registered contractor's registration is revoked:
(1) The registered contractor will not be permitted to apply for any new building permits for one year and any pending applications for building permits will be denied;
(2) The registered contractor will only be allowed to complete construction on projects for which there are approved building permits at the time of building contractor registration revocation, if the approved building permits were not revoked under division (C) above;
(3) The Plan Commission shall notify by registered mail the registered contractor and the property owner of record on the approved building permit that the contractor registration has been revoked; and
(4) In the event subsequent violations occur during the revocation period, the Plan Commission may extend the period of revocation up to one year for each additional violation to a maximum period of five years. Upon appeal, the Town Council will conduct a hearing to review the findings by the Plan Commission.
(Ord. 208, passed 12-19-1983; Am. Ord. 10-07, passed 10-25-2010; Am. Ord. 2016-11, passed 12-19-2016; Am. Ord. 2021-09, passed 7-20-2021)