547.05 FAILURE TO OBTAIN LICENSE; DENIAL OR REVOCATION OF A LICENSE.

   (a)   The Commissioner of Building may issue a Notice of Violation if he or she finds that a Contractor, as defined in this Chapter, is performing or has performed work without a Contractor License, or the Commissioner may deny an application for or revoke a Contractor License if any false statement is made by the applicant in connection with the issuance of such License, if the Contractor has failed or fails to comply with any applicable provisions of the Housing, Fire, Health, Zoning, or Building Codes, or as part of the sentencing phase of a criminal conviction related to code enforcement.

   (b)    If the Commissioner issues a Notice of Violation under this Section, or denies or revokes a Contractor License, the Commissioner shall serve the Notice of Violation, or a Notice of Denial or Revocation, as applicable, which Notice shall be delivered by hand delivery, or by regular or certified mail. The Notice shall order the suspension of any work being performed by the Contractor, and state a period of time after which the Contractor may apply or reapply for a License (the "Suspension Period"), which Suspension Period shall be reasonably related to the seriousness of the violations of the City's Codes and/or whether the Contractor has had repeated violations of such Codes.

   (c)   The Contractor may appeal a Notice of Violation, Denial or Revocation pursuant to Section 547.07.    

   (d)   During the pendency of an appeal before the City, a Contractor may apply for a Temporary License under Section 547.04 (b) in order to continue to operate in the City until the Contractor has been issued a written appeal decision by the City. In addition, when a Contractor has been issued a Notice that suspends all work in the City by that Contractor and the Contractor does not appeal, the Contractor may request that it be permitted to continue working in the City to complete any pending projects for which it has a signed contract or purchase order from the customer entered into prior to the date of the issuance of the Notice containing the order of suspension. The Commissioner shall grant such a request if the customer wants the Contractor to complete the work, after having been notified of the violation, denial or revocation in writing by the Contractor, and if the Commissioner has determined, in his or her reasonable discretion, that the work can be completed safely and correctly. If the Commissioner grants such a request, the Contractor shall obtain a Temporary License, which shall be valid only until the specific work identified in the request has been completed. The Commissioner may require additional inspections to ensure that the work is performed in a safe and Code compliant manner, and may require the payment of fees for such inspections.

    (e)   If a Contractor has been issued a Notice of Violation, Denial or Revocation under this Section, the Contractor may submit a new application and the Commissioner shall issue or reinstate the Contractor License when any of the following has occurred:

      (1)   The Contractor's appeal has been upheld by the City or any court, or

      (2)   The Contractor's appeal has been denied by the City or any court, or the Contractor has not filed an appeal, and all of the following have occurred:

         A.   The Suspension Period stated in the Notice of Violation, Denial or Revocation has expired;   

         B.   The Contractor has submitted a new application for a License, complied with all requirements to obtain a License, and paid an application fee as follows:

            (i)   $200, if the Notice of Violation, Denial or Revocation was the first issued to the Contractor;

            (ii)   $300, if the Notice of Violation, Denial or Revocation was the second such Notice issued to the Contractor.

            (iii)   $500, if the Notice of Violation, Denial or Revocation was the third or more such Notice issued to the Contractor.   

      (3)   The Contractor has corrected any violations of law that were the cause of a denial or revocation.

      (4)   Any criminal or civil proceedings brought by the City against the Contractor or any principal of the Contractor have been completed.

   (f)    Any entity that is owned by one or more of the same persons or entities that own an entity that is a Contractor as defined in this Chapter, that has been issued a Notice of Violation, Denial or Revocation, shall be subject to the same Notice, including a Suspension Order, and shall be subject to all of the provisions of this Section.

(Ord. 19-14. Enacted 2-11-19.)