(A) General provisions.
(1) No general building contractor, electrical, plumbing, or heating ventilation and air conditioning contractor shall operate in any manner whatsoever in the county, except in full compliance with all provisions of this section and after lawful issuances of permits required by this section. The listed contractor shall be required to meet the bonding and insurance specifications contained herein. The contractor listing status shall only be affected by work which relates to code violations, ordinances, or regulations, but does not involve any aesthetics, improper workmanship, or conduct not related to these violations.
(2) The purpose of this section is to establish a comprehensive listing of contractors who operate within the jurisdiction of the county, and provide for the administration, enforcement, and amendment thereof in order to promote the health, safety, and general welfare of the residents of such jurisdiction.
(3) It is not intended by this section to interfere with, abrogate, or amend any covenants or other agreements between parties, nor is it intended by this section to repeal, abrogate, or annul, or in any way interfere with, existing provisions of laws or ordinances not specifically repealed by this section, or any rules or regulations previously adopted or issued pursuant to law relating to the listing of contractors.
(4) This section shall apply to land within the County Planning and Building Department’s jurisdiction.
(B) Listing fees. Fees shall be charged for listing contractors in the county in accordance with the fee schedule adopted by the County Board of Commissioners (hereinafter referred to as “the Commissioners”). Fees shall represent the cost of administering the listing program.
(C) Listing requirements. Any person, partnership, corporation, or other entity engaging in any construction activity for which an improvement location permit is required shall be a listed contractor under this section, provided, however, that an individual constructing a new dwelling or accessory structures for his or her own personal use or occupancy shall be exempt from the requirements of this section upon the execution of a contractor listing exemption form (which is incorporated herein by reference), provided that said individual cannot obtain more than one permit for a new residence in a given calendar year.
(D) Registry of listings. The County Planning and Building Department shall maintain a registry of all persons, partnerships, corporations, and other entities which apply for, and receive, listing as a listed contractor.
(E) Qualifications to be listed as a contractor.
(1) A person, partnership, corporation, or other entity shall be entitled to receive a listing as a contractor if the following requirements are met:
(a) An application form indicating the name, address, and legal business status of the contractor has been submitted to the Planning and Building Department of the county;
(b) The listing fee specified in division (B) above has been paid;
(c) A surety bond meeting the requirements of division (F) below has been posted;
(d) The insurance requirements of division (G) below have been met;
(e) The person, partnership, corporation, or other entity does not presently have a listing issued under this section currently suspended, nor has such a listing been revoked within the preceding 365 days;
(f) The partnership does not have a partner, or the corporation does not have an officer, who, within the preceding 365 days, served as a partner in a partnership, an officer in a corporation, or an owner, or principal, of any entity listed under this section at the time when actions related to policies, or practices of the partnership or corporation occurred which provided a basis on which the listing of the partnership, corporation, or entity was revoked or suspended for more than 180 days; and
(g) The person was not a partner in a partnership, nor an officer in a corporation, who has a listing under this section currently suspended or who has had such listing revoked within the preceding 365 days.
(2) Unless these requirements are met, a person, partnership, corporation, or other entity shall not be entitled to be listed as a contractor. No prerequisites other than those contained in this division (E) shall be imposed in determining which persons, partnership, corporations, or other entities may be listed contractors.
(F) Bond. Before a listing is issued to any person, partnership, corporation, or other entity, the Director shall require the applicant to file a surety bond in the amount of $20,000. The bond shall be maintained in full force and effect for a period of not less than one year, and must be renewed yearly on the anniversary date of issuance. The bond shall set forth the name, phone number, and address of the agent representing the bonding company and shall be:
(1) Issued by a surety authorized to do business in the state;
(2) Payable to the County Board of Commissioners, or an unknown third party as obligee;
(3) Conditioned upon:
(a) Compliance with requirements set forth in this section which must be met to retain listing;
(b) Prompt payment of all fees owed to the county as set forth in this section;
(c) Prompt payment to the county for any loss or expense for damages to property of the county caused by any action of the contractor, his or her agents, employees, principals, subcontractors, materialpersons, or suppliers in violation of the requirements of state statute, county regulations, or this section, which requirement must be met to properly carry out construction activity; and
(d) Payment to a person, partnership, or corporation which is an unknown third party obligee for any:
1. Losses arising out of violations;
2. Expenses necessary to correct violations; and
3. Reasonable court costs and attorney fees allowed by the court incurred in connection with the commencement and prosecution of a court action to recover such losses and expenses for violation of regulations of this section, which requirements must be met to properly carry out construction activity on property of the unknown third party obligee, caused by any action of the contractor, his or her agents, employees, principals, subcontractors, materialpersons, or suppliers while engaged in any construction activity. However, the surety is not responsible under the bond for losses or expenses arising out of negligent conduct or improper workmanship unless such conduct or improper workmanship violates the requirements of the state statute, county regulation, or this section, which requirement must be met to properly carry out construction activity.
(4) The Director may accept, in lieu of the surety bond, a properly conditioned irrevocable letter of credit in the amount of $20,000 if the County Board of Commissioners approve the obligor financial institution as being financially responsible, and if the County Attorney approves the letter of credit as affording the same protections to the county, and an unknown third party as the protection afforded by a surety bond.
(5) The obligation of the surety and financial institution relative to this bond, or letter of credit, is limited to $20,000 over the one-year listing period. A surety or financial institution may pay on the bond, or disburse from the letter of credit to pay a claim in full at any time when that claim and pending claims (reflected by written notice to the surety or financial institution) together do not exceed the unpaid penalty of the bond or the undisbursed balance of the letter of credit.
(G) Insurance. Insurance requirements are met if the person, partnership, corporation, or other entity secures insurance covering all work and related construction activity accomplished by the listed contractor, or under permits obtained by the listed contractor, and thereafter maintain such insurance in full force and effect:
(1) A public liability and property damage insurance policy insuring the listed contractor and naming the County Board of Commissioners, or an unknown third party as “additional insured”, and providing also for the payment of any liability imposed by law on such listed contractor or the county arising out of operations being performed by, or on behalf of, the listed contractor in the minimum amounts of $500,000 for combined bodily injury and property damage coverage, or $500,000 for any occurrence relative to which there is an injury or death to one, or more, persons, and $100,000 for any occurrence relative to which there is damage to property. A certificate of such policy shall be delivered to the Director of the County Planning and Building Department;
(2) Worker’s compensation insurance covering the personnel employed for death or injury arising out of operations being performed by, or on behalf of, the listed contractor.
(a) A certificate of such insurance shall be delivered to the Director of the County Planning and Building Department.
(b) This provision shall not apply if the listed contractor has no employees and gives appropriate notice, in writing, to the County Planning and Building Department; and
(3) The insurance carrier shall give notice both to the listed contractor and the County Planning and Building Department at least 15 days before such insurance is either cancelled or not renewed, and the certificate shall state this obligation.
(H) Approval for listing. Approval of a person, partnership, corporation, or other entity as a listed contractor shall be by the Director of the Planning and Building Department acting on behalf of the County Board of Commissioners. The listing shall be in effect for a one-year period.
(I) Listing not transferable. No listing issued under the provisions of this section shall be assigned or transferred.
(J) Suspensions or revocation of listing. The Director of the Planning and Building Department, acting on behalf of the County Board of Commissioners, may, pursuant to this division (J), suspend the listing of a person, partnership, corporation, or other entity for a period of up to 365 days, or revoke the listing of a person, partnership, corporation, or other entity if one of the following is shown:
(1) The listed contractor, or his or her agent, made any materially false statement of fact on his or her application for the listing;
(2) The listed contractor, or his or her agent, failed to post and maintain the surety bond and/or insurance required by divisions (F) and (G);
(3) The listed contractor, or his or her agent, failed to correct a violation of building codes and procedures, provisions of state law, regulations of the county, or provisions of the appropriate Building Code relative to construction activity for which the listed contractor was responsible as permit obtainer or permit transferee after an authorized official or employee of the county issued a notice of a code violation, revoked a permit, or issued a stop-work order, and the violations causing any of these actions remained uncorrected for a period of ten days from the date when the listed contractor received notice of the code violation, revocation of permit, or stop-work order, or in the instance where a period of ten days was not sufficient, such longer period of time was fixed by the authorized official, or employee, in writing;
(4) The listed contractor has consistently failed to apply for, or obtain, required permits for construction activity;
(5) The listed contractor has consistently failed to timely file certificates of completion and occupancy, as required, for construction activity accomplished pursuant to his or her listing;
(6) The listed contractor consistently failed to give notice of availability for inspection at designated stages of construction activity;
(7) The listed contractor has attempted to conceal violations of building codes and procedures, provisions of state law, ordinances, and regulations of the county, or provisions of this section relative to construction activity;
(8) The listed contractor has not properly paid the fee specified in division (B) above for a listing which has been issued, or is delinquent in other fees owed pursuant to this section;
(9) The partnership presently has a partner, or the corporation presently has an officer, who has a listing under this section currently suspended, or who has had such listing revoked within the preceding 365 days;
(10) The partnership presently has a partner, or the corporation presently has an officer, who, within the preceding 365 days, served as a partner in a partnership, or an officer in a corporation, listed under this section at the time when actions related to policies or practices of the partnership, or corporation, occurred which provided a basis on which the listing of the partnership, or corporation, was revoked or suspended for more than 180 days; or
(11) The person was a partner in a partnership, or an officer in a corporation, who has a listing under the this section currently suspended, or who has had such listing revoked within the preceding 365 days.
(L) Hearing and appeal of Director’s decision. The contractor shall have the right to appeal the Director’s decision to the County Board of Commissioners in accordance with the following procedures.
(1) The date and place for a revocation or suspension hearing shall be fixed by the County Board of Commissioners at least ten days before such date. A written copy of the charges, prepared by the county, and notice of the time and place of the hearing thereon, shall be served upon the listed contractor, either by hand delivery to the charged listed contractor, or by certified mail with return receipt addressed to the listed contractor at his or her main place of business as shown by the listed contractor’s application for listing. Ten more days shall run from the date of such notice is mailed as shown by the post mark thereon.
(2) The listed contractor may appear in person, or by counsel, produce evidence (including testimonial and documentation evidence), make argument, and cross examine witnesses at such hearing. The county shall have the same right. The County Board of Commissioners may cause, or allow, any other relevant evidence to be introduced. On the basis of the evidence presented at the hearing, the Board shall make findings and enter an order in accordance with such findings, which shall not become effective until ten days after the notice, and copy thereof, has been served upon the listed contractor, in the same manner required for the notice of the hearing.
(3) Any person aggrieved by a decision of the County Board of Commissioners may present to the County Circuit Court, or another court of competent jurisdiction, a verified petition setting forth that the decision is illegal in whole, or in part, and specifying the grounds of illegality.
(4) If so appealed, the order of the County Board of Commissioners shall be stayed until the appeal is heard, and determined, by the County Circuit Court. The Court shall thereupon render such decision as it finds justified and sustained by the evidence, either affirming, reversing, or modifying the terms of the order of the Board of Commissioners.
(M) Improper display. It shall be unlawful for any person, partnership, corporation, or other entity accomplishing construction activity to use the word “listed” in connection with its business if such person, partnership, corporation, or other entity is not a listed contractor. Such person, partnership, corporation, or other entity shall not, for example, use the word “listed” on any display used for advertising or identification, or on any of his or her, or its, business forms.
(Ord. 1996-43, passed 10-7-1996) Penalty, see § 150.99