No original contractor shall:
(a) Knowingly supply a false affidavit to a lending institution, owner, part owner or lessee for the purpose of obtaining payment under a home construction contract or home purchase contract; or
(b) Obtain payment from a lending institution, owner, part owner or lessee under a home purchase contract or for work done pursuant to a home construction contract when the contractor is aware that such payment is based on the assumption of a material fact which the payer considers to be true and which the contractor knows or should know is false, or when the contractor has made, either directly or indirectly to the payer, a statement of material fact which is false, under circumstances in which the contractor knew or should have known that such statement was false, or when the contractor makes the statement without knowing whether it is true or false. For the purposes of this subsection, a material fact is one on which a reasonable man would form a decision as to whether to make or withhold payment.
(Ord. 78-15. Passed 3-14-78.)