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(A) No building permit shall be issued for any lot or parcel in the village until such time as the applicant has deposited the sum of $15 per frontage foot to insure that a sidewalk is constructed on the subject property in full compliance with the regulations of the village. Such deposit shall be by cashier's check or in cash. At the time of receipt, such sidewalk escrow amount shall be deposited in a separate fund to be known as the sidewalk escrow fund and in a separate interest-bearing bank account. After any required sidewalk has been completed as required, and upon acceptance of the same by the Administrator, the Village Clerk will then refund to the applicant, without interest, the applicable amount in said sidewalk escrow fund. If such sidewalk is not constructed in full compliance with the regulations of the village, and the applicant has failed to bring it into full compliance within 30 days after written notice from the village to do so, the village will then be entitled to use said sidewalk escrow amount for constructing and/or completing the required sidewalk in accordance with all village regulations. Once the sidewalk has been completed, the amount, if any, not including interest, remaining in said sidewalk escrow fund will be returned to the applicant. If the village is required to construct or complete the sidewalk and the cost of such completion or construction of the sidewalk exceeds the amount in the sidewalk escrow fund, then the applicant shall be required to pay to the village the amount by which the actual cost of construction exceeds the amount in the sidewalk escrow fund.
(B) It shall be responsibility of the applicant to request a refund of the sidewalk escrow fund amount, and if no such request is received within three years from the date the deposit was made, then the village shall be entitled to use any amount remaining in said sidewalk escrow fund for general corporate purposes.
(Ord. 05-05, passed 4-18-05)
(A) No building permit shall be issued for any lot or parcel in the village until such time as the applicant has deposited the sum required by this section for an occupancy permit to insure that an occupancy permit is issued on the subject property after full compliance with the regulations of the village. The amount of the deposit shall be $1,000 for each nonresidential building, and $500 per dwelling unit in residential buildings. Such deposit shall be by check or in cash. At the time of receipt, the occupancy permit escrow amount shall be deposited in a separate fund to be known as the occupancy permit escrow fund and in a separate interest-bearing bank account.
(B) At such time when the final inspection has been made of the subject property and if all requirements of the village have been met, the Building Administrator shall issue an occupancy permit. The Village Collector, upon notification by the Building Administrator, will then refund to the applicant, without interest, the amount of the appropriate occupancy permit escrow fund. Such amount shall not be returned to the applicant until such time as the Building Administrator certifies in writing that all requirements have been met. If any building or unit is not in full compliance with the regulations of the village, and the applicant has failed to bring it into full compliance within 30 days after written notice from the village to do so, the occupancy permit escrow shall be forfeited to the village.
(C) It shall be the responsibility of the applicant to request a refund of the occupancy permit escrow fund amount, and if no such request is received within three years from the date the deposit was made, then the village shall be entitled to use any amount remaining in said occupancy permit escrow fund for general corporate purposes.
(D) Occupation of any building or unit prior to the issuance of an occupancy certificate by the Building Administrator, shall result in the following:
(1) Total deposit monies herein shall be forfeited to the village.
(2) Upon notice and appropriate hearing as otherwise provided in this code, the village will immediately turn off the water service to the property and service shall not be resumed until such time as the village issues an occupancy permit.
(3) The penalties set forth in § 150.999 shall apply, including monetary penalties and barring, for a set period of time, the issuance of building permits to contractors in violation.
(Ord. 05-05, passed 4-18-05; Am. Ord. 05-33, passed 3-27-06)
(A) Whenever the review of a particular building permit, because of special circumstances, requires review by outside consultants to be hired by the village, such reviews will not be contracted for by the village until such time as the applicant has deposited a sum sufficient to pay the full cost of the consultants' services. The village will seek estimates of the cost of the reviews from each of the consultants and notify the applicant of such estimates. The applicant shall then deposit an amount equal to 110% of such estimates into escrow with the village. Such deposit shall be by check or in cash. At the time of receipt, the escrow amount shall be deposited in a separate fund to be known as the consultant review escrow fund and in a separate interest-bearing bank account subject to itemized verification of expenditures made. The village will then draw amounts from said escrow deposit to pay for the services of the consultants at such time as their bills are submitted and become due and payable. If at any time the deposit, after such draws, becomes less than 25% of the original deposit, then the applicant shall deposit additional funds in an amount to be determined by the village, which additional deposit shall increase the amount in the escrow account to an amount sufficient to pay all remaining fees anticipated to be owed to the consultants. If the amount on deposit ever is determined by the village to be insufficient to pay for all remaining services for the consultants, or if the applicant ever fails or refuses to make any required additional deposits, then all reviews by the consultants shall cease until any required additional deposit is made and the applicant will not be entitled to any continued review of his or her application until the additional deposit is made. Once the reviews by the consultants have been completed and they have been fully paid for their services, then any remaining amount on deposit, less any interest income, shall be refunded to the applicant. The interest income shall be retained by the village to help pay for the administrative costs of the village.
(B) It shall be the responsibility of the applicant to request a refund of the escrow fund amount and, if no such request is received within three years from the date the deposit was made, then the village shall be entitled to use any amount remaining in said escrow fund for general corporate purposes.
(C) Occupation of any building or unit prior to the issuance of an occupancy certificate by the Building Administrator shall result in the following:
(1) Total deposit monies herein shall be forfeited to the village.
(2) Upon notice and appropriate hearing as otherwise provided in this code, the village will immediately turn off the water service to the property and service shall not be resumed until such time as the village issues an occupancy permit.
(3) The penalties set forth in § 150.999 shall apply, including monetary penalties and barring, for a set period of time, the issuance of building permits to contractors in violation.
(Ord. 05-33, passed 3-27-06; Am. Ord. 06-03, passed 5-8-06)
CONTRACTOR LICENSING
For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.
BUILDING CONTRACTOR. Anyone engaged in the business of cement or concrete contracting either flat, form, or wall work; or as a masonry contractor; or as a carpenter contractor; or as a general building contractor; and any person engaged in the construction, alteration, or repair of buildings, other structures, or sidewalk or street pavements.
(Ord. 00-21, passed 10-16-00; Am. Ord. 05-05, passed 4-18-05)
(A) It shall be unlawful to engage in business in the municipality as a building contractor without having first obtained a license therefor as provided in this chapter.
(B) Engaging in the construction, repair, or alteration of any building, structure, or street or sidewalk pavement in the municipality for which a permit is required under the ordinances of the village shall be construed as doing business as a building contractor in the village.
(C) (1) The annual fee for a general contractor's license shall be $100 and for a subcontractor's license the annual fee shall be $50 for each trade.
(2) Any person having a general building contractor's license shall not be required to secure an additional license for the performance of any two of the following trades: carpentry, masonry, or cement work.
(3) The term of such license shall commence at April 1 of each year and shall expire on March 31 of the following year. There shall be no credits or prorations of the license fee if the license is obtained after April 1 of each year. A general contractor is defined as a person or personages involved in all components of a designated project. A subcontractor is defined as a person or personages involved in one but not more than two components of a designated project. An owner-occupant acting as a general contractor shall meet all requirements required of a general contractor in regard to liability insurance exclusive of said contractors fee. No one single contractor license fee for the year shall exceed $100.
(D) Owner-occupants of single-family detached dwellings applying to build their own home or perform any work on their principal residence requiring a permit under this chapter, may perform any and all work designated under the permit and need not be registered with the village as a contractor subject to the following provisions:
(1) For purposes of this section, the term OWNER-OCCUPANT is defined as the current owner of the property wherein the property under permit is his or her principal residence;
(2) Tenants, landlords, or their employees are not considered “owner-occupants” and are not recognized as such under this section;
(3) The property owner submits a fully executed Affidavit of Occupancy and Use stating that he or she currently uses and intends to continue to use the property as his or her principal residence for a period of at least 12 consecutive months following the Certificate of Occupancy;
(4) All non-family members receiving pay for work conducted under the permit must be registered as contractors with the village and listed on the permit application; and
(5) The owner-occupant is still required to obtain all necessary permits, comply with all applicable village and building codes, and comply with all inspection requirements.
(Ord. 00-21, passed 10-16-00; Am. Ord. 05-05, passed 4-18-05; Am. Ord. 06-18, passed 12-26-06; Am. Ord. 12-20, passed 10-8-12)
Penalty, see § 150.999
(A) All general contractors and subcontractors performing work within the village must maintain certain insurance coverage to protect the village as follows:
(1) Worker's compensation - both contractors and subcontractors per statutory limits.
(2) Comprehensive general liability.
(a) General Contractors - $1,000,000 per occurrence.
(b) Subcontractors - $300,000 per occurrence.
(c) Property Damage - both contractors and subcontractors - $50,000.
(B) Each contractor and subcontractor must provide certificates of insurance evidencing such coverage, showing the village as a named additional insured and certifying that any such policy or policies of insurance may not be terminated, modified, non-renewed or changed in any way without at least 30 days advanced written notice to the village.
(C) The above insurance requirements are the minimum, however, the village reserves the right to demand additional or different insurance coverage when the circumstances warrant such coverage for specific contracts because of the size and nature of the contract, nature of the risks involved, duration, etc.
(D) A certificate of insurance indicating that the building contractor is insured by a company authorized to do business in the state, in the minimum amounts as stated shall be filed with the Village Clerk at the time an application for license is made.
(Ord. 00-21, passed 10-16-00; Am. Ord. 05-05, passed 4-18-05)
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