(a) A certificate of registration may be revoked or may be suspended by order of the Building Commissioner, subject to the review of the Building and Zoning Board of Appeals, upon good cause shown, as when it is determined that the holder thereof:
(1) Has not performed the duties required of him or has otherwise violated any law set forth in the Ordinances of North Olmsted, the Ohio Building Code or by the rules and regulations of the Ohio Board of Building Standards;
(2) Has been lax, incompetent, negligent or derelict in the prescribed performance or in the performance of work or furnishing of services authorized by such certificate;
(3) Has knowingly engaged in construction work without first being issued a certificate of registration pursuant to this chapter;
(4) Has knowingly engaged in construction work without first obtaining a building permit or without calling for inspection thereof;
(5) Has constructed faulty or defective work or in an unworkmanlike manner, as determined by inspection reports;
(6) Has failed to substantially complete work or has failed to deliver projects within reasonable time schedule;
(7) Has misrepresented material facts in the registration application;
(9) Has failed to register with, maintain certification of or comply with income tax withholding requirements imposed by Section 1317.04(e)(4) or RITA; or
(10) Has failed to renew the registration certificate issued pursuant to this chapter or is no longer in possession of a valid license issued pursuant to Section 1317.02(d);
(11) Has used the registrant's registration to obtain a permit for work to be performed by a contractor or builder other than the registrant; or
(12) Has failed to abate a violation or noncompliance with any provision of any applicable code or ordinance of the City within the time specified in the written notice of such violation or non-compliance.
(b) The Building Commissioner shall issue written notification to the certificate holder of any action to revoke or suspend the registration certificate. Not later than thirty days after the date of such notice, the holder of a certificate may appeal and request a public hearing by the Building and Zoning Board of Appeals, which shall be held at its next regularly scheduled meeting. The holder of a suspended or revoked certificate shall not do any work authorized by such certificate, except work necessary to correct any violation of the Building Code specified in the notice of suspension or revocation, subject to specific inspection requirements, until notice of reinstatement has been given by the Board or the period of suspension has expired and the contractor has satisfied all of the requirements for reinstatement.
(c) The period of time for suspension shall be determined by the Building Commissioner, and in the event of an appeal, subject to the review of the Building and Zoning Board of Appeals, based upon the following factors:
(1) The underlying circumstances which gave cause for the sanction;
(2) The holder’s subsequent compliance with the Building Code or lack thereof; and
(3) The frequency of building permits issued for work to be performed by the holder so that the remedial action is related to the average number of permits issued to the holder per month.
(d) The determination of the length of time for suspension shall be within the sound discretion of the Building Commissioner, reasonably exercised and calculated to take remedial action and protect the public interest. No set formula is established but the Building Commissioner is authorized to impose a suspension based upon the above factors.
(Ord. 2018-54. Passed 6-19-18.)