(A) The Board of Public Works shall have all power and authority to revoke, suspend or place on probation any registration granted pursuant to this chapter and to hear all cases arising out of allegations of violations of this chapter. The Board of Public Works shall have all authority and power to impose such sanctions as are further set forth in this section.
(B) Where in this section the words BOARD or BOARD OF PUBLIC WORKS occur they shall mean the City of Elkhart, Indiana Board of Public Works.
(C) The Plumbing Inspector has the power, duty and authority to investigate incidents where violations of this chapter are thought to have occurred. Said Plumbing Inspector may, at his discretion, present evidence of violations of this chapter to the Board of Public Works.
(D) The Board of Public Works shall not issue any order, revoke any registration of, or issue any sanction against, any registered licensed plumbing contractor without first holding a public hearing.
(E) If the Board of Public Works has reason to believe that evidence presented indicates that a registration holder may have violated any of the provisions of this chapter, the Board of Public Works shall give the registration holder written notice in person or by certified mail, return receipt requested, of the intention to hold hearings into allegations made. The notice must contain a statement of the facts on which the Board of Public Works has acted in determining that a hearing is warranted. Such hearings shall be held within 30 days of the date of the notice. Such hearings are to determine the facts of the case and whether or not the registration should be revoked, suspended or the registration holder should be placed on probation.
(F) At the hearing, the registration holder, and any other interested person shall have the right to present evidence and arguments showing why the registration should not be revoked, suspended or placed on probation by the Board of Public Works.
(G) The Board of Public Works shall at the end of the hearing determine if a violation of this chapter has occurred.
(H) Upon the determination that an ordinance violation has occurred, the Board of Public Works may at its discretion, determine whether to place the registration holder on probation or to suspend or revoke said registration. Upon determining the type of sanction to be imposed the Board of Public Works shall send the registration holder, within 5 days after the hearing, a written statement of the facts on which it bases its findings and stating the type of sanction to be imposed.
(I) The Board of Public Works shall have power and authority to revoke a registration, suspend a registration or place the registration holder on probation.
(J) The Board of Public Works shall have power and authority to set the terms of any suspension or probation that it may impose.
(K) If the registration issued to a plumbing contractor is revoked pursuant to this section, the plumbing contractor and his direct affiliates shall be disqualified from consideration for further permits for a period of not less then 2 years from the date of revocation.
(L) If the registration issued to a plumbing contractor is suspended pursuant to this section, the plumbing contractor and his direct affiliates may be disquali lied from consideration for further permits for a period of up to 1 year from the date of suspension.
(M) If the registration issued to a plumbing contractor is placed on probation pursuant to this section, the plumbing contractor may be issued permits provided he is abiding by the terms of his probation.
(N) If, after the hearing, the Board of Public Works finds that the provisions of this chapter have not been violated, it shall send the registration holder, within 5 days after the hearing, a written statement stating that no violations of this chapter have occurred.
(Ord. 5081, passed 12-3-2007)