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§ 153.11 SUSPENSION OR REVOCATION OF LISTING FOR PARTNERSHIP OR CORPORATION.
   The Director may, pursuant to § 153.10, suspend the listing of a partnership or corporation for a period of up to 365 days or revoke the listing of a partnership or corporation if one of the following is shown:
   (A)   A materially false statement of fact was placed on the listed contractor’s application for listing by an agent of the listed contractor;
   (B)   The listed contractor failed to post and maintain the surety bond as required by § 153.06 of this chapter;
   (C)   Construction activity, land alteration, sewer work, driveway work or excavation work for which the listed contractor was responsible as obtainer or as transferee of the permit was performed either incompetently or in such manner that it does not comply with building standards and procedures, provisions of state law, regulations of the county or provisions of this code;
   (D)   The listed contractor failed to correct a violation of building standards and procedures, provisions of state law, regulation of the county or provisions of this code relative to construction activity, land alteration or sewer work for which the listed contractor was responsible as permit obtainer or transferee after an authorized official or employee of the county issued a notice of code violation, revoked a permit or issued a stop-work order and the violation(s) causing any of these actions remained uncorrected for a period of ten days from the date when the listed contractor received notice of the code violation, revocation of permit or stop-work order, or in the instance where a period of ten days was not sufficient, such longer period of time was fixed by the authorized official or employee in writing;
   (E)   The listed contractor has consistently failed to apply for or obtain required permits for construction activity, land alteration, sewer work or excavation work accomplished by the listed contractor;
   (F)   The listed contractor has consistently failed to give notice of availability for inspection at designated stages of construction activity or sewer work;
   (G)   The listed contractor has consistently failed to timely file certificates of completion and compliance, as required, for construction activity accomplished pursuant to his or her listing;
   (H)   The listed contractor has not properly paid the fee specified by § 153.02 for a listing which has been issued, or is delinquent in other fees owed pursuant to this code;
   (I)   The partnership presently has a partner or the corporation presently has an officer who has a listing under this chapter currently suspended or who has had such listing revoked within the preceding 365 days;
   (J)   The partnership presently has a partner or the corporation presently has an officer who, within the preceding 365 days, served as a partner in a partnership or an office in a corporation listed under this chapter at the time when actions related to policies or practices of the partnership or corporation occurred which provided a basis on which the listing of the partnership or corporation was revoked or suspended for more than 180 days; and
   (K)   The contractor has attempted to conceal violations of the building standards and procedures, provisions of state law, regulations of the county or provisions of this code relative to construction activity, land alteration, sewer work, driveway work or excavation work.
(Ord. 1999-4-5-2, passed 4-5-1999)
§ 153.12 HEARING AND APPEAL.
   (A)   The date and place for a revocation or suspension hearing shall be fixed by the Director. At least ten days before such date a written copy of the charges, prepared by the county and notice of the time and place of the hearing thereon shall be served upon the listed contractor, either by hand delivery to the charge listed person or to the partner of a charge listed partner or officer of a charged listed corporation, or by certified mail with return receipt addressed to the listed contractor at its main place of business as shown by the listed contractor’s application for listing. The ten or more days shall run from the date such notice is mailed as shown by the postmark thereon.
   (B)   The listed contractor may appear in person or by counsel, produce evidence (including testimonial and documentation evidence), making argument and cross-examine witnesses at such hearing. The county shall have the same right. The Director may cause or allow any other relevant evidence to be introduced. On the basis of the evidence presented at the hearing, the Director shall make findings and enter an order in accordance with such findings, which shall not become effective until ten days after notice and copy thereof has been served upon the listed contractor, in the same manner required for notice of the hearing.
   (C)   On or before ten days after service of said order the listed contractor may appeal therefrom to the Commissioners by serving a notice of appeal upon the Commissioners either in person or by filing it at their office, with a copy thereof delivered to the Director at the office to the Director who shall deliver such copy to the Director. Unless such appeal is so taken, the order of the Director shall be final.
(Ord. 1999-4-5-2, passed 4-5-1999)
§ 153.13 IMPROPER DISPLAY.
   It shall be unlawful for any person, partnership or corporation accomplishing construction activity, land alteration, sewer work or driveway work to use the word “listed” in connection with its business if such person, partnership, or corporation is not a listed corporation shall not, for example, use the word “listed” on any display used for advertising or identification or on any of its business forms.
(Ord. 1999-4-5-2, passed 4-5-1999) Penalty, see § 10.99