(A) Licensing fees.
(1) Class A-2 contractor license fee:
(a) Two hundred dollars; job specific;
(b) Renewal fee in an amount as set by the City Council from time to time for the life of the project; and
(c) At the time the project is completed the license shall automatically revert to a Class A license and may be renewed as such for the applicable renewal fee in an amount as set by the City Council from time to time.
(2) Class A contractor license fee shall be an amount as set by the City Council from time to time.
(3) Class B contractor license fee shall be an amount as set by the City Council from time to time.
(4) Class C contractor license fee shall be an amount as set by the City Council from time to time.
(5) Application for license renewal shall be made of a form provided by the city.
(6) For all classes of licenses, if the license is not renewed prior to the expiration date and the contractor has a job in progress, the renewal fee will be increased by a factor of two.
(7) “Up-grading” to a higher class license shall require application for that license.
(B) Issuance of licenses.
(1) Applications, along with the required fee, shall be submitted to the Building Official; the application shall state:
(a) The contractor’s license number;
(b) The name of the business;
(c) The business’s physical and mailing address;
(d) The business’s phone number;
(e) The business owner’s name;
(f) The owner’s physical and mailing address;
(g) The owner’s phone number;
(h) The owner’s South Dakota Excise Tax License number;
(i) Business liability insurance policy number (copy required);
(j) Worker’s compensation insurance policy number (copy required) or statement of non-participation;
(k) Number of years’ experience;
(l) Number of years in business;
(m) Type of contracting or service provided;
(n) Trade school attended, degree or certificate earned, years attended; and
(o) Four verifiable references.
(2) After the application is reviewed by the Building Official, the Building Official shall have the discretion to deny an application for license if:
(a) The application or applicant has made false statements on the application or to the Building Official;
(b) If the applicant has a current stop work order issued against him or her that has not been satisfied;
(c) If the Building Official has received or obtained additional information to substantiate that the applicant would be unfit to hold the license he or she is applying for;
(d) If the applicant has negotiated a contract to perform services without being licensed;
(e) If the contractor has engaged in substantiated fraud or misrepresentation;
(f) If the references that the applicant has given do not demonstrate that the applicant was either the project manager or in a position of direct responsibility for a project similar to the type of license the applicant is applying for, then the application may be denied. If the verifiable references do not satisfy the Building Inspector, the Building Inspector may contact the applicant to give him or her an opportunity to provide other verifiable references; or
(g) If the applicant fails to meet any requirements of licensing contained in this chapter or otherwise.
(3) If the application is approved, the contractor’s license shall be issued within 15 days of the date of application.
(4) If the applicant is denied a license for any reason, the Building Official must provide the applicant a written denial listing the reason(s) for the denial within 15 days of the date of application. The written denial must include the process for appealing the Building Official’s decision. If the application is denied, the applicant’s license application fee may be returned to the applicant upon the return of any and all books, forms or documents received by the applicant during the application process.
(C) License suspensions, revocations and denials of licenses.
(1) Any contractor’s license may be suspended, revoked or denied by the Building Official for blatant and/or repeated violations of any ordinance, building codes or any other reasons which shall be substantiated and properly documented. Such suspensions, revocations or denials may be in addition to any fine imposed for violating this subchapter.
(2) A contractor’s license may be denied by the Building Inspector if for any reason the applicant for such license does not meet the licensing criteria or other applicable criteria or requirement.
(3) If a contractor’s license is denied, all work that he or she has been performing will be suspended until a final decision has been reached in the appeals process provided herein.
(D) Appeals.
(1) Appeals to any decision of the Building Inspector must be made to the City Council.
(2) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or that a request to use an alternate material, design or method of construction under § R104.11 has been requested and denied.
(3) Appeals to the decisions of the Building Official must be made within 30 days of action of the Building Official and shall be on a form supplied by the city. Failure to appeal within 30 days will constitute a waiver of all right to an administrative hearing and a decision on the matter.
(4) Appeals shall be heard at a regularly scheduled City Council meeting within 30 days of the date of the Building Official’s written order.
(5) Upon review, the Council may affirm, modify or reverse the action of the Building Official. Upon good cause the Council can order the issuance of a license after a review.
(6) If the appellant requests the Council to conduct the review at a special meeting, the appellant shall bear the cost for the special meeting.
(E) Fines. In addition to fines and fees specifically addressed by code or by ordinance, violations shall be subject to the city code of ordinances.
(Prior Code, § 11-A-06) (Ord. 1105, passed 5-24-2011)