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HomeMy WebLinkAboutOrdinance-2007-1389 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER S~I1ULZ Council Bill No. 09 Ordinance No. 1389 Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING CERTAIN CONTRACTOR'S LICENSES WHEREAS, the Wheat Ridge Code of Laws governs the issuance and revocation of various classes of license for contractors; and WHEREAS, Chapter 21 of the Code does not contain a procedure for revocation of certain contractor licenses; and WHEREAS, Chapter 5 of the Code contains references to the director of public works, which references should instead appear in Chapter 21. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The introductory sentences of Code Sections 5-124(a)(b) and (c) are amended as follows: (a) Authority. The director of community development may suspend or revoke class I through class XIV licenses. +He director 3f ~l::~1iB-w8rke mey---sl::-E~9f\G--8r revoke ~b::::: A through :::b~c G--Iffi~m:es. Licen$e suspension or revocation may occur when the licensee commits one (1) or more of the following acts or omissions: . . . (b) Procedure. When any of the acts or omissions as herein enumerated are committed by a license holder and the ~8{ d p~bli:: works or the director of community development, ~~ c~::3~le-, deems that such license shall be suspended or revoked, the procedure shall be as follows: (c) Emergency suspension. If the director 3f plolblic w8{k~ '* the director of community development finds that cause doe exist for suspension or revocation of a license, he may enter an order for immediate suspension of such license, pending further investigation. The license may, upon notice of such suspension, request an immediate hearing before the mC::Y-ef [direct3r 3f ;x:bli~ worl\~ or the director of community development ~~ 3pplk)c~!e} and the hearing shall be conducted in the manner prescribed by under subsection (b) above. Section 2. Subsection 5-125(a) of the Code of Laws is hereby repealed. Section 3. Chapter 21 of the Code is amended by the addition of a new section 21-22, to read: (a) Authority. The director of public works may suspend or revoke class A through C licenses. License suspension or revocation may occur when the licensee commits one (1) or more of the following acts or omissions: (1) Failing to comply with any of the licensee responsibilities as outlined in this Chapter. (2) Knowingly combining or conspiring with a person by permitting one's license to be used by such person, firm or corporation. (3) Acting as agent, partner, associate or in any other capacity with persons, firms or corporations to evade the provisions of this Chapter. (4) Committing any act of negligence, incompetence, or misconduct in the performance of the contractor's specific trade which results in a substantial threat to public health and safety. (5) Performing under his/her license in an unworkmanlike, careless, or reckless manner. (b) Procedure. When any of the acts or commissions as herein enumerated are committed by a license holder and the director of public works deems that such license shall be suspended or revoked, the procedure shall be as follows: (1) The licensee shall be notified, in writing, by or by personal service, at least seven (7) days prior to suspension or revocation. (2) Appeals of a license suspension or termination shall be made to the director of public works. Appeals must be made in writing within seven (7) working days of receipt of notice. (3) The hearing date shall be set within fourteen (14) days of receipt of the protest and the licensee shall be notified of the same. (4) When a hearing is conducted, the licensee and other interested parties may be in attendance. Upon 2 completion of the hearing, the director of public works shall take all evidence admitted under advisement and shall notify the licensee of their findings and rulings either during the meeting or in writing by certified mail. (c) Emergency suspension. If the director of public works finds that cause does exist for suspension or revocation of a license, he may enter an order for immediate suspension of such license, pending further investigation. The licensee may, upon notice of such suspension, request an immediate hearing before the director of public works and the hearing shall be conducted in the manner prescribed by under subsection (b) above. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 14th day of May , 2007, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 11 , 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 11 th day of June , 2007. SIGNED by the Mayor on this 12th day of .Tune , 2007. pl/1f)::) ~ /,:.jiTUlliO: Mayor ATTEST: ~ Michael Snow, City Clerk As To Form First Publication: May 17. 2007 Second Publication: June 14, 2007 Wheat Ridge Transcript Effective Date: June 29, 2007 3