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(a) All licenses issued under the provisions of this chapter shall expire on March 1 of every third year beginning on March 1, 1998. All renewal fees shall be paid prior to the license being renewed.
(b) Any person who fails to renew a license issued under the provisions of this chapter within 60 days after it has expired shall pay in addition to the renewal fee a reinstatement fee equal to 50% of the renewal fee.
(c) Residential building contractor licenses or residential roofing and repair contractor licenses not renewed within one year from the date of expiration shall not be renewed until the designated construction supervisor has submitted to and passed the construction supervisor's examination and has paid the examination and license fees required of a new residential building contractor or residential roofing and repair contractor and has met all other conditions required to hold a residential building contractor's license or residential roofing and repair contractor's license.
(d) Inactive construction supervisors’ licenses not renewed within one year of expiration shall not be renewed until the inactive construction supervisor has submitted to and passed an examination and has paid the examination and license fees required for a new license.
(1992 Code, § 11-91) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
(a) No residential building contractor's license or residential roofing and repair contractor's license shall be renewed until the designated construction supervisor has completed a minimum of one hour of attendance at a course which is approved by the building official or has submitted to and passed the construction supervisor's examination and has paid the examination and license fees required for a new residential building contractor or residential roofing and repair contractor. The one hour of continuing education shall coincide with license term as indicated in § 150.135(a).
(b) No inactive construction supervisor examined and licensed after March 1, 1998, shall have his or her license renewed until he or she has completed a minimum of one hour attendance at a course which is approved by the building official or has retaken and passed the construction supervisor’s examination and paid the examination and license fee required for a new license. The one hour of continuing education shall coincide with license term as indicated in § 150.135(a).
(1992 Code, § 11-92) (Ord. 115-94, passed 12-19-1994; Ord. 12-98, passed 2-2-1998; Ord. 94-22, passed 8-9-2022; Ord. 110-23, passed 11-21-2023)
The chief building official may suspend, revoke, or refuse to renew a license if he or she finds:
(a) In his or her discretion that the order is in the public interest; and
(b) Based upon substantial evidence presented, the applicant or licensee:
(1) Has filed an application for a license which is incomplete in any material respect or contains statements which are false or misleading;
(2) Has engaged in any fraudulent, deceptive, or dishonest act or practice;
(3) Has violated any applicable provision of this Code, city ordinance, rule, regulation, or state law;
(4) Fails to file with the chief building official the necessary bonds or certificate of insurance;
(5) Fails to provide copies of records in the person's possessions related to a matter under investigation;
(6) Fails to pay inspection and permit fees or citations in a timely manner as determined by the chief building official;
(7) Fails to respond to a lawful order or directive of the building official; or
(8) Fails to employ a construction supervisor.
(1992 Code, § 11-93) (Ord. 115-94, passed 12-19-1994; Ord. 115-96, passed 10-7-1996; Ord. 12-98, passed 2-2-1998; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019; Ord. 110-23, passed 11-21-2023)
A party whose license is suspended, revoked or refused renewal may appeal that decision to the building board of appeals and examiners. Appeals shall be commenced by filing a written appeal with the department within ten days of the decision. The appeal shall include a statement of the action complained of, why the same should be modified or rescinded, whether the appellant desires an open or closed hearing, and an address where the appellant can be mailed notice of hearings. The department shall immediately deliver a copy of the appeal to the city attorney who will act as legal counsel.
(1992 Code, § 11-94) (Ord. 115-94, passed 12-19-1994; Ord. 115-96, passed 10-7-1996)
A public hearing, or a closed hearing if the board determines it is necessary, shall be held on all appeals within 15 working days after filing of the appeal, unless a later date is agreed upon by the appellant and the board. The department shall cause written notice of the date, time and place of the hearing to be served upon the appellant by personal service or certified mail to the address set forth in the appeal at least five days before the hearing date.
(1992 Code, § 11-95) (Ord. 115-96, passed 10-7-1996)
The following rules shall govern the procedures for an administrative hearing on matters concerning licensee suspension, revocation, or refusal to renew.
(a) Hearings and administrative appeals need not be conducted according to the technical rules relating to evidence and witnesses.
(b) Oral evidence shall be taken only on oath or affirmation.
(c) The chairperson of the board or the board recorder shall administer oaths or affirmations to witnesses.
(d) Any relevant evidence shall be admitted if it is the type of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence after objection in civil actions in courts of competent jurisdiction in this state.
(e) Irrelevant and unduly repetitious evidence and evidence that lacks trustworthiness shall be excluded.
(f) The appellant, the major organization unit or agency, and any other party to an appeal shall have these rights among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross examine opposing witnesses on any matter relevant to the issues of the hearing; and
(4) To rebut evidence.
(g) After each appeal hearing, the board or hearing examiner shall perform the following:
(1) Make written findings of fact; and
(2) Based upon the written findings, sustain, remand for further hearing or action, or rescind the complained action or decision. The board may, in its discretion, waive the payment of any reinstatement or late penalty fee.
(h) (1) A written report of the decision, including the findings of fact, shall be furnished to the appellant and the chief building official within 15 working days from the date the appeal hearing is closed.
(2) The city and the appellant shall bear their own respective costs of the appeal proceeding. The decision of the board shall be final.
(1992 Code, § 11-96) (Ord. 115-96, passed 10-7-1996; Ord. 105-08, passed 8-18-2008; Ord. 35-19, passed 3-19-2019)
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