A. The public works director may, upon the recommendation of the building official or his deputy, in addition to making claim against the surety bond, suspend or revoke a license when the licensee commits one or more of the following acts or omissions:
1. Failing to comply with any of the licensee responsibilities outlined in section 15.03.060 of this chapter;
2. Obtaining a permit for work not being done directly by the contractor or indirectly by a subcontractor with whom the contractor has a valid, written contract;
3. Attempting to evade the provisions of any city code, including providing false, misleading, or incomplete information in applying for licenses or permits;
4. Violating any provisions of any construction trades codes or ordinances adopted by the city or the state of Idaho, if such violations are not corrected promptly after notice from the city;
5. Commencing work without a permit or commencing work without the required bond or insurance coverage;
6. Being the subject of repeated complaints and investigations into code violations, incomplete work, refusal to complete work, etc., requiring repeated intercession, investigation, or inspections, or the filing of claims against the contractor's surety company.
B. If a licensee commits any acts which violate, or fail to comply with, the terms of this chapter, that act or omission shall be deemed grounds for revocation or suspension of the license and the following procedure shall be implemented, unless the public works director deems the situation serious enough to warrant immediate suspension, in which case the provisions of subsection C of this section shall apply:
1. The licensee shall be notified, in writing by certified mail, or personal delivery if mail is refused, at least ten (10) days prior to the date of the impending suspension or revocation.
2. The licensee may request a hearing to show cause why the suspension or revocation should not be imposed. Such a request shall be in writing to the public works director and must be received no later than three (3) days prior to the date of suspension or revocation. In the event there is no current public works director, the mayor shall have the powers and authority granted to the public works director by this chapter and, in his sole discretion, may designate a person to hold the hearing and make a determination on suspension/revocation matters.
3. If a hearing is requested by the licensee, the public works director shall set a time, date, and place and so notify the licensee.
4. The public works director or his designee shall conduct the hearing and may take oral and written testimony from the licensee and other interested parties. Upon completion of the hearing, the public works director shall take the matter under advisement and shall notify the licensee of his findings and decision as to suspension or revocation in writing by certified mail within ten (10) days of the hearing.
5. If the decision rendered by the public works director is adverse to the licensee, the licensee may appeal in writing to the city council, within ten (10) days of the date of the decision, for consideration at the next available regular city council meeting.
C. If the public works director finds that cause exists for immediate suspension of a license, he may enter an order for immediate suspension of such license, pending further investigation. The licensee may, within two (2) days of the notice, request in writing a hearing before the public works director, which will be held within ten (10) working days of the request. No permits can be issued in the interim. Hearing procedures and issuance of a decision shall be in accordance with subsections B3 through B5 of this section. (Ord. 2749, 2004)