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(A) All landscapers shall be required to comply with the regulations set forth or otherwise referenced in this section. Any violation under this section shall subject the landscaper to fines. In addition, any violations under this section, or convictions of any felony or crimes of moral turpitude, may affect the landscaper’s eligibility to obtain or continue to hold a license issued pursuant to this subchapter. In the event of a refusal to renew, a suspension or a revocation of a landscaper license by the City Manager, any landscaper may request to appeal such refusal to renew, suspension or revocation of the license by the City Manager by filing with the City Clerk a request for appeal within 15 calendar days after the City Manager mails or personally delivers a decision to revoke, suspend or refuse to renew a license. Following the filing of an appeal, the City Clerk shall notify the appealing landscaper of the date on which such appeal will be considered by the City Council, which date shall not be less than ten calendar days after the Clerk mails or personally delivers such notice to the landscaper. The landscaper appealing the revocation, suspension or refusal shall then be permitted to appear before the City Council on the designated date to plead the reasoning for the revocation, which appeal shall be subject to the procedural rules established by the City Council from time to time. The City Council may affirm, affirm with conditions, remand or overturn the refused renewal, suspension or revocation of a landscaper license.
(B) All landscapers doing business in the city shall abide by the following regulations.
(a) Every landscaper shall be required to obtain and maintain a landscaper license pursuant to § 110.217 of this chapter. The City Manager may refuse to issue or renew, may suspend or revoke a landscaper license or fine a licensee for any one or more of the following reasons, including, but not limited to:
1. Engaging in the business of landscape maintenance service without first securing a landscape and lawn care contractor’s license from the city; and
2. Violation of any city ordinances by the licensee (including this subchapter), including without limitation:
a. Unauthorized dumping of debris;
b. To cause or make loud noise through the operation of maintenance equipment, including but not limited to, lawn mowers, tractors and gasoline-powered leaf blower equipment in violation of § 135.108 of this code of ordinances;
c. Make inaccurate, false or misleading statements in any application for any such license;
d. Make substantial misrepresentation or false promise of character likely to influence or induce another in connection with the business of landscape maintenance service;
e. Pursue a continued course of misrepresentations or making false promises through advertising, salesperson, agents or otherwise in connection with the business of landscaping; and/or
f. Failure to obtain a permit for work requiring city review and issuance of a permit.
(b) Provided, however, that, unless expressly stated in a ticket or violation notice issued by the city, a landscaper can avoid the refusal of the renewal, suspension or revocation of a landscaper license paying any fines applicable to the violation(s) in question.
(2) Insurance. Each landscaper shall obtain and maintain a policy of comprehensive general liability insurance, including bodily injury and property damage. The applicant shall also carry adequate workers’ compensation and vehicle insurance. Proof of insurance will be reviewed by the City Manager from time to time. A landscaper shall deliver to the city evidence of compliance with this requirement within five business days after a request from the City Manager.
(3) Surety bond. Each landscaper shall deliver to and maintain with the city a surety bond or other acceptable security as required pursuant to § 110.218(H) of this chapter. The City Manager may, in the Manager’s discretion, waive this requirement.
(4) Vehicle identification. Each vehicle operated by the licensee shall at all times display at least the trade name and telephone information required by § 110.218(D) of this chapter and shall have been identified in the landscaper’s application pursuant to this subchapter. In addition, a copy of the landscaper license shall be maintained within each such vehicle.
(5) Accuracy of license information. Each landscape shall fully and accurately complete any license application required pursuant to this subchapter. In the event that there is a material change regarding any information required in any such license application, the landscaper shall promptly deliver corrected or updated information to the city. Any false, inaccurate or misleading information relating to a license application shall be a violation of this subchapter.
(6) Vehicle parking. No landscaper shall permit any of its vehicles to be parked on a city street unless such vehicle shall comply with all applicable parking and other regulations in the city code.
(7) Yard chemical application. No landscaper shall apply restricted yard chemicals in the city unless the individual performing such application is properly authorized by the Illinois Environmental Protection Agency or other responsible government agency, and such application is performed in accordance with all regulatory requirements and manufacturer’s instructions.
(8) Compliance with laws. Each landscaper and the landscaper’s employees shall comply with all applicable laws, statutes, codes, ordinances, rules, regulations and orders of any federal, state or local government affecting the landscaper while performing landscape maintenance services in the city, including provisions of the city code, any stop orders imposed by the city and any regulations that the City Manager may promulgate in furtherance of the purposes and effective administration of this subchapter.
(Ord. 2006-81, passed 12-4-2006) Penalty, see § 110.999