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O59-08ORDIN~NGE NO. 59~8 ~tN ORDiW~INOE OF THE GITY OF BOYNTON BE~IO!I FLORIDA PRO~IDING FOR THE OERTIFIG~TIO~ AND LICENSING GONTR~GTORS ~ND WHIGH GL~SSIFIES GONTRAGTORS ~ND SUB GONTRTGTORS ~ND WHIGH GONT~INS EXENPTIONS RE~UIRENENT$ ~S TO OWNER-BUILDER OR SOLE OWNERS 2ND WHIGH PRO~'DES RIGHTS OF :BUILDiNG BOARD TO G~TSSIFY GONTR~GTORS ~ND THE LIGENSING RENEWAL ~N9 REKOG~TION OF G~TT~IN O'OGUPTTIONTL LiGENSE ~ND ~ PROGEDURE FOR THE ISSUTNGE THEREOF REqUIREmEnT OF 2PPLiG:~NTS ~ND EXT~INTTIONS FOR THE 2PPOINTNENT TO BUILBING BOARB AND PROKIDING FOR THE REVOG~TION OR SUSPENSION OF LiG~h~SES AND ~KING IT UNLAWFUL TO KiOL~TE THIS ORDINTNGE, AS ~NENgED, PROKiDiNG FOR ~N EFFEGTIVE D~TE. REP~LING ORDINTNGES OR P~RT OF ORDi~NGE iN GONFLIGT HERE- BE IT AND IT ~S'~'~EREBY ORDAINED THE Gi'TY GOUNGIL OF THE GITY OF BO~NTON BE~GH F£ORID~: SECTION i. DEFINITIONS (~3 FIaM: ' THE TSaM T~ZaM" Z$ ~SS~ ~ ~SZS OS~Z~CZ SSZ~ ~-- CLUDE ~ CO~P~RTNE~IP~ CORPORATION~ ~SOCIATION ~ ~NY OTHE~ TYPE OF ~B3 OONTR~CTOR: ~ CONTRACTOR IS ~NY PERSON OR FIRM WHO TO CONSTRUCT$ dLTER~ REPAIRa ~DD TO, SUBTRACT FROM$ IHPBOFE~ MOFE$ WRECK~ TO DEMOLISH ~NY BUILDING, OR OTHER STRUCTURE, TO TO P~EFABRiCATE ANY BUILDING OR PORTION OF A BUILDING, COMMENCE ANY THE ERECTION OF SCAFFOLDING, OR ANY OTHER STRUCTURES OR WORKS CONNECTION WITH OR T~E INCORPORATION OF LABOR OR M~TERIALS T~EREIN OR THEREON~ ~C) ENGAGE IN BUSINESS: ENGAGE IN BUSIWESS~ALLL~E~N DOING TRADE FOR ~NY OWNER~ TEN~NT~ OR PERSON gR FI~ IN POSSESSION OR CHARGE OF IWY L~ND OR BUILDINU OR ~NY P~RT THEREOF. TRACTOR WHOSE OPERATIONS AS SUCH ~RE THE PERFORMANCE OF CONSTRUC~ TION WORK ~E~UIRING SPECIAL SKILLS ~ND WHOSE PRINCIPLE CONTR~CT~ ING BUSINESS INFOLFES THE USE OF SPECIALIZED BUILDING TRADES CR~FTS, USUALLY ~ MINOR P~RT OF ~ COMPLETE STRUCTURE~ CONTRACTORS SH&LL BE CLASSIFIED ~S ONE OF THE FOLLOWING CR~FTS: ~OILER INST~LL~TION O~BINET ~ND ~iLLWOR~ ~TEEL REINFORCING ~ND IRON ~EFR I ~ER~ TI OW IRRIG~ TI ON ~PRIN~LER INSTALLATION IN BUILDINGS FOR FIRE PROTECTION ~ILE~ ~ARBLE ~ND TERRAZZO INSULATION Roo~ ~[~1TERPR 00FING OEHENT AND CONCRETE STRUCTURAL STEEL ERECTION fERMI TE TRE~ TI~U ~ENTIL~TION ~ND ~I~ CONDITIONING BOOF~m~ E~E~zo~s PL~ STERING ~0 USEHO FING SZ~NS AS DEFINED IN SECTION (B) ~BO~E~ WHOSE CONSTRUCTION WOR~ INVOLVES THE USE OF TWO OR ~ORE UN~EL~TED BUILDIN~ TRADES OR CR~FTS AND H~S FINANCIAL ~IEANS TO UNDEI~TAKE SAID WORK, AND HAS THE KNOWLEDGE ERAL CONTRACTOR OR BUILDING CONTRACTOR OR AS A LICENSED BUILDING CONTRACTOR FOR SAID PERIOD OR HAS HAD AN EDUC~4TION E~UiVALENT THERETO, AS EFIDENCED BY SATISFACTORILY PASSING A GENERAL CON- TRACTOR'S EXAHINATION GIFEN BY THE CITY OF ~OYNTON ~EACH AND, THUS, HAS SHOWN THAT HIS SCOPE OF OPERATION SHOULD BE UNLII~ITED AS TO THE HEIGHT AND COHPLEX'ITY OF DESIGN OF THE CONSTRUCTION (F.~ OWNER-BttILDER OR SOLE OWNER: _~N OWNER-BUILDER OR SOLE OWNER IS DEFINED AS FOLLOWSZ HE OR SHE IS .4 SINGLE NATURAL PERSON ~NOT ~ CORPORATiON~ PARTNERSHiP~ FIRPI OR -4SSOCIATION3 WHO PERFORi~S AND/OR SUPERFiSES WORK iN CONNECTION WITH THE CONSTRUCTION, REPAIR OR ~LTEi~ATION OF A SINGLE-FAMILY OR DUPLEX RESIDENTIAL FOR HIS OR PIER OWN PRIFATE OCCUPANCY. HOWEFER, THE APPLICATION FOR ~4 BUILDING PERMIT FOi~ THE CONSTRUCTION ~F HOPE THAN ONE RES- IDENCE IN ONE YEAR tS TItlE SHALL BE CONSTRUED AS E NG~IG IN~ IN THE CONSTRUCTION B~rSINESS AND~ T~EREFORE~ COMES WITHIN THE OPERATION OF THIS ORDIN.4NCE. -2- ~NY PERSON OR FIRI~ ALLEGING t~II~SELF O~ THE~SELFES ~ PLAINTIFF O~ DEFENBANT IN ANY COU~T OF THE ~T~TE ~F FLORIB~ ~DFERTI~ING IN ~ NEWSPAPER O~ OTHER FISU~L OR SO,ND HEANS OF ~DFERTISING OR OTHERWISE TO BE A CONTRACTOR FOR WORK WITHIN OITY ~ LIMITS OF ~OFNTON ~EACH~ S~LL BE SUBJECT TO THE P~FISIOWS ~ND PENALTIES OF THIS ORDINANCE ~ND ~ CERTIFIED COPY OF THE COURT EFIDENCE IN THE ~UWiCIPAL OOU~T~ CITY OF ~OYNTON ~E~CN OR IN ~NY OTHER PROCEEDING AUTHORIZED BY T~E O~DINANCE~ THAT THE PERSON SECTION 3. EXEHPTIONS: O~NER BUILDER OR SOLE OWNER REgUIREHENTS OF ~OYNTON ~EACH~ OR dNY POLITICAL coapoa~T~om ca BUB'DIFISION THEREOF$ PROFIDED THaT THE OPEaATION OF A T~ADE IS DONE BY ITS OWN $~LARIED EMPLOYEES. ~LTERING~. CONSTRUCTIN~ ~DDING OR OTHERWISE I~PROFIN~ HIS OR OF THE BUILDING OR STRUCTURE IS SUCH ~S WOULD BE PERMITTED TO BE DONE BY CONTRACTOR ~S DEFINED IN SECTION 1 ~D) ~LE OR INSTALLATION OF ~NF FINISHED PRODUCTB~ M~TERI~LS. OR ARTICLES OF ~ERCN~NDISE WHICH ~RE NOT ~CTU~LLZ F~BRIC~TED ON THE JOB AND WHICH DO NOT BECOME ~ PERMANENT FIXED PART OF THE BUILDING OR STRUCTURE. F~4BRIC~4TiN~ THEM INT~ OR COnSUmING THE~ IN T~E PErFORmaNCE OF RECEIFING ONLY THE COMPENSATION OF ~N HOURL~y W~GE. ~ND OBTAINING ~ CONTRACTORS LICENSE ONLY AFTER C THE FOALOWING: OF THE ~UILDINU INSPECTOa PRIOR TO CO~.~ENCE~ENT OF WORK, INSPECT OR ~. FILE WITH THE BUILDIN~ ~L AN ~FFIDAFIT TO ON WHICH CONSTR~CTIOW IS TO ~CCUR~ THaT HE OR SHE PAUMBIWG ~ND Z~WING COBE~ OF THE ~ITY OF ~OYNTON ~E~CH. ~UC~ AFFID~FIT TO BE ~BE UPON BE SUPPLIED BY T_~E ~UILDING INSPECTOR, EDGED BEFORE ~ ~OTARY ~UBLIC, OR OTHER OFFiCIaL DUDY ~UTHORIZED TO T~E ACKNOWLEDGEMENTS. C ONSTR UC TI ~. P~Y THE REQUIRED FEES. 5, ~PPLF FOR INSRECTION. ~. ~InE WITH THE ~UILDIN~ INSPECTaR CERTIFICATES SHOW-- ~E~UiRE~ENT~ OF TZIS ORDINANCE. ~S~E THE RESPONSIBILITY OF ~OT E~PLOYI~G CONTR~CTO~ OT~E~ ~OYNTON ~E~CH~ FOR ANY P~RT OR PORTION OF THE WORK~ ~BOFE~ UNLESS THE APPLICANT IS ~U~LIFIED ~S ~ LICENSED CON-- TRACTOR UNDE~ THE APPLICABLE ORDINANCES OF S~ID CITY; THE TEN~NCE, ALTERATIONS, ~DDITIOWS~ OR REPAIRS TO EXISTING STRUC- TURES OWNED BY SUC~ O.WNER~B~ILDER OR SOLE OWNER~ HOWEFER~ IN SUFFICIENT JUSTIFIC~TIOW THEREFOR~ MAY EXTEWD THE OWNER~ BUILDER PRIFILEGE TO CONSTRUCT ~N ~DDITION~L RESIDENCE WITHIN ~EGTION 4. GL~S$IFiG~TiON OF GONTR~GTOR$: NEGES$ITY OF IFiGA'TION:RIGHT$ OF BOARD OF EX~HI't~ER$ TO .~ACH' HAFING HERETOFORE BEEN DEFINED~ AND A SEPARATE OCCUPATION~ LICENSE IS HEREBY REQUIRED FOR EtCH OF $~ID FIELDS~ THE ~NNUAL FEE FOR W~ICH ~H~LL BE PROYIDED IN THE GENERAL OCC~P~TIOW~L LICENSE ORDINt~CE OF THE OITY OF ~OYNTON ~EtCH. ~ND FURTHER PROFIDZNG THAT E~CH CL~SSIFICtTION OF A SPECIALTY CONTRACTOR SHILL RE~IRE ~ LICENSE EXCEPT TWiT THE ~BOFE PROFISO SHAAL WOT PROHIBIT ~ SPECIALTY CONT~CTOR FRO~ T~EING AND EXECUTING A CON- TRACT INFOAVING USE OF TWO O~ MO~E CR~FTS OR TRADES IF THE PER- FOR~ANCE OF T~E WO_~K IN THE C~FT OR T~ADE O T~ER THiN T~AT IN WHICH HE IS LICENSED IS INCIDENTAL TO THE PERFORmaNCE OF WOR~ IN THE CRtFT FOR WHICH THE.~PECI~LTY CONTR~CTO~ IS LICENSED. THE DIFFERENT CLaSSIFICaTIONS OF COWSTRUCTIOW BUSINESS ~S DEFINED IN SECTION 1 H~FE BEEN DETE~INED NECESStRY FOR THE S~FETY OF THE PUBDIC BY THE OITY OF ~OYNTON BEACH ~S ~ LEGISL~TiFE FINDING OF FACT BY ~E~SON OF CONSTRUCTION H~Z~RDS ~ND THE TECHNICAL ~NOWL-- EDGE OF LOAD F~CTORS~ WIND PRESSU~ES~ CONSTRUCTION ~ETHODS~ ~LL OCCUPaTIONaL LICENBESS~ND ~U~LIFICATIO~ CERTIFICATES RELATIFE pa~oa To ~ND FOR THE YEaR 19~8~1959 S~LL CONTINUE IN FULL FORCE _~- THE B~ILDING BOARD SHALL HAVE FULL ~UTHORITY TO ~UALIFY CON'" TRACTORS IN ~CCORDANCE WITH THIS ORDINANCE ~S S~B~ITTED BY THEI~ CAPABILITIES~ EDUCATION, ~ND YE~R~ OF CONTR~CTIN~ EXPERIENCE. SECTION 5. LICENSE ~/D CERTIFICATE EXPIRATION ~D RENEW~- ~IGENSE REKOGITION DUE TO LIGK OF R~RESENT2TIO~ SHAAL EXPIRE ON OCTOBER ~!ST OF E~CH YEAR, ~ND SH~LL BECOME IN~ FALID ~FTER THaT B~TE. ~ICENSES H~Y BE RENEWED DURING OCTOBER AND UNLESS RENEWED WITHIN TWENTY D~YS THERE~FTER~ THE HOLDER OF EXAMINERS BE REQUIRED TO BE RE-EX~INED~ PROFILED, HOWEFER, T~T ~ LICENSED CONTRACTOR HAY BE PLACED ON AN IN~CTIFE STATUS BY THE PURCHASE OF ~N INACTIFE CONTRACTOR'S CERTIFICATE. ~HE PRESEN~ TiTION OF ~N IN~.UTIFE CERTIFICATE S~ALL ENTITLE THE HOLDER TO THE PRIFILEGES OF OBTAINING ~ CONTRACTOR'S CERTIFICATE UPON THE PAY- !N~ OF THE FEES AS ~ENTIONED IN THIS ORDINANCE WITHOUT RE--EX~IN~TION BY THE ~O~RD. ~HE COST OF ~N IN~CTIFE CERTIFICATE SH~LL BE ~5.00 ~ YEAR, ~ND HUST BE RENEWED E~CH YE~, ~ND ENTITLE THE HOLDER TO NO PRIFILEGE EXCEPT EXEHPTION OF OONTa~CTOR, OR ~PECI~LTY ~B3 OCCUPaTIONaL LICENSES ~Y BE RENEWED PaIOa TO CL~DING OCTOBER $1 OF ~NY YELP. ~C) ~N ~PPLIC~NT FOR ~ NEW OCCUPaTIONaL LICENSE ~DE PRIOR P~Y ONE--H~LF THE INN~L FEE. ~0 ~UARTEa--YE~R LICENSE WILL BE ISSUED. BETWEEN INDIFIDU~LS OR FI~MS AND NON--REFUND~BLE ON CANCELL~TION~ ~ ~LL OCCUPATIONAL LICENSES SHALL BE DISPLAYED AT ILL TI~ES IN THE LICENSEE rS m~m OFFICE O~ CmIEF PLACE OF BUSINESS IN THE - 7- ~F3 ~;~L LICEiFS~S SH~LL REPORT TO THE ~AX COLLECTOR WITHIN SEVEN D~YS ANY C~ANGES OF ~DD~ESS OF B USINESS~ OR IF THE LICENSEES BE ~ F~ IT S~.L TO THE S~ID ~OLLECTOR 6G3 OCCUPATIONAL LICENSES ISSUED TO ~ FI~M THROUGH ~U~LIFICATIONS OF THE FIRM'S REPRESEN~T~TIFE SH~LL BE SUSPENDED~ IMmEDIaTELY THE ~U~LIFIED REPRESEWT~TIFE OF T~E FIR~ SEVERS HIS CONNECTION tNSPECTIOm DIr!SIOm OF T~E CITY ~ SNELL ImSTa¢CT O~ THE ~LIFIED ~EP~ESENT~TIFE UNLESS THE ~LIFIEB ST~CTION ~NOE~ BUILDING PERHITS ~LREIBY ISSUE~ UNTIL THE FI~ SH~LL ~U~LIFY ~NOT_~E~ REPrESENTaTIVE. INO ~0~ SHALL~ WITWIN THI~T~ DAYS~ HOLD HEI~ING ON T~E 0~ CUR~TION~ LICENSE ISSUED ~0 THE.~IR~ FOR LACE OF ~ ~U~LIFIEB REPRESENT~TI~E~ ~ND ~ lPP~OPRI~TE ~ECO~ENDATION TO T~E ~ITY SEGTIO~ 6, PROTISIONS FOR ISSU~NGE OF 0 GGUP2 ~ IONAL LIGENSE T~E G~Y Tax GoLL~e~o~ 's O~ie~ s~n ~o~ ~ss~z TION~L ~ICEN~ ~NDE~ THE P~OFIS.IONS OF THI~ ORDINANCE ~NL,E~ IT THEREON EXCEPT IN C~SE WHEN RENEWAL OF THE YE~LY OCCUPaTIONaL -8- SECTION 7.. PROCEDURE IN ACQUIRING LICENSE ~ND GER~IFiG~ITE: (A3 ~NY PERSON OR FIRM DESIRING TO BE LICENSED AS A CON~ TRACTOR IN THE OITY OF BOYNTON BE~CH SH~LL m~KE tPPLIC~TION FOR PLICtTION SN~LL BE RETAINED BY THE ~O~RD~ TO~ETHER WITH ALL SUP-- ~B~ ~HOULD ~PPLICANT BE ~ FIRM~ THE APPLICtTION SH~LL BE ECUTED BY THE PRESIDENT OR ONE LEGALLY ~'~ALIFIED TO FWLLY ACT ~ND BIND S~ID FIRH ~ND SHOWiN~ HIS ~UTHORiTY TO DO SO ON S~ID TION ~mm NAMING ~N ~UTHORIZED AGENT ON BEHALF OF THE FIRH SHOWING HIS ~UTHORITY, (!~ TO FULLY ~CT ~mm BIND THE FIRM IN ~LL mtTTERS SUPERFISE THE CONSTRUCTION U~ Tree OCCUPATIONAL LICBNSE ZSSUED BEHALF OF THE S~ID FIR~. THE FIRM SH~LL BE ~UALIFIED ONLY THE ~U~DIFIC~TIONS OF THE ~FOREHENTIONED AGENT TAKING T~E IN~ TI 1..~ STaTEmENT OF ~PPLIC~NT~S PROPOSED CONTRACTING BUSINESS; ~. ~HE TYPE OF ~ICENSE BEING ~PPLIE~ FOR; ~. IF ~PPLICANT IS ~ FIRM~ THE NA~E AND BUSINESS ~F THE FIR~ ~ND THE N~ME~ RESIDENCE ~F ~LL DIRECTORS ~BOFE; 5~ ~ sWORN FINANCIAL STATEMENT OF THE APPLICANT AND tN ~UREEMENT ~u' ~UTI~'ORIZIN~ THE SECRET~4RY OF THE ~UiLDING ~O~RD TO OBTAIN FROM ANY SOURCE DE~LING WITN THE ~PPLIC~NT~ EFEN THOUGH S~ID BUSINESS ~. ~ SWORN LIST ~F ~LL BUSINESSES OWNED ~ND O~ER~TED OR ~N~GED BY THE ~PPLIC~NT O~ IN WHICH THE APPLICANT HiS H~D AN INTEREST ANY ~IND DU~ING THE P~ST FIFE YEARS ~ND THE ADDRESS OF SUCH 7. TS~T THE FEE OF ~5.00 FOR THE EX~MI~TION ~ND ~'U~LIFIC~TIONS OF THE ~PPLICINT H~S BEEN PAID TO THE SECRETIRY OF S~ID 8. THaT TSE ~PPLIC~NT H~S ~PPLIED FOa ~ITY OF ~OYNTON ~E~CH TRACTORS LICSNSE FOR THE ENSUIN~ PERIOD ~ND H~$ DEPOSITED WITH THE ~ITY ~X ~O~LECTOR ~S OFFICE THE FULL LICEWSE FEE FOR THE DESIRED LICENSE CL~SSIFiC~TION. IF THE ~PPLIC~NT THE EXaMINaTION OR IS DENIED HIS CERTIFICATE BY ~CTIOW OF THE ~IADIN~ ~OtRD, THE LICENSE FEE WILL BE BEFUNDED. OF P~L~ BEACH ~OUNTY, ~LORID~ OR THE OOUNTY OF ~PPLIC~NT~S L~ST HIS HONESTY, I~TEGRITY~ ~ND GOOD COMMITTING ~ FELONY OR ~ISDEME~NOR~ OR SETTIN~ OUT THE DETIILS THE NEXT a~a EXZ~INZTION ~ND WIL~, NOTIFY THE ~UILDIN~ ~AKE S~CH ~DDITION~b INVESTIGATION AS ~AY BE DIREUTED BY SAID EXamINaTION OF THE APPLICANT TO SHOW HIS DEGREE OF EXPERIENCE~ HIS KNOWLEDGE OF B~ILDING~ SAFETY~ HE~ TH~ AND LIEN A~WS OF THE OITY -10- AND RUDIMENTARY ADHINIST~TIFE PRINCIPLES OF THE CONTRACTING BUSINES~ FOR W~ICH APPLICATION iS BEING MADE AS THE ~O~RD DEEM NECESSARY FOR THE~FETY AND PROTECTION OF THE P~BLIC. ~F3 THE B~ILmIN~ BOA~m SMALL NOT iSS~ ~ CERTIFICATE OF COMPETENCY ~NLESS~ BY A ~JORITY FOTE OF THE ~O~RD PRESENT, LICENSE IS ~E~E~TED ~O THAT THE P~BLIC WILL BE PRO TEC TED~ ~. ~H~T THE ~PPLICANT AND EACH MEMBER OF THE FIRH POSSESSES ~ REPUTATION FOR HONESTY~ INTE~RITY~ GOOD CH~RACTER~ HAS NOT BEEN CONFICTED OF ~ OR ~ FELONY IN THE P~ST FIFE YEAR~ ~ND AT THE TI~E ~F THE ~PPLIC~TION~ I~ NOT UNDE~ A CHARGE OF COMHIT- TING ~ HISDEHEANOR OR FELONY. Trois SHALL BE DETER~ MINED BY THE ~OARD FROM INFORmaTION CONTAINED IN THE LETTERS OF RECQHHENDATION SUBHITTED BY THE APPLIC~NT~ ~ND ~NY ~THER ST~TEHENTS SUBMITTED TO OR OBTAINED BY THE ~UILDING ~O~RD OR ITS INFESTIGATORS. ~HE A~CK OF HONESTY~ INTEGRITY, OR GOOD ,¢~R~CTER HAY BE AISHED BY ~ FINDIN~ OF THE BOARD AS FOLLOWS: ~A) ~ REaSONaBLE GROUND TO BELIEFE THaT THE ~PPLI-- C~NT H~$ COHHITTED ~N ~CT WITHIN TREEE YEARS A~ST P~ST WHICH~ IF COH~ITTED OR DONE BY LICENSED CONTRACTOR WOULD BE GROUNDS FOR PENSION OR REFOCATION OF A CONTRACTOR'S LICENSE. OR L~CK OF INTEGRITY WHEREBY THE ~PPL~IC~NT INCIDENTS. CO~HISSION OF ~ISDEHE~NOR OR FELONY~ ~. THE ~UIADING ~O~RD IS ~UTHORIZED IN LIEU OF WRITTEN OR ORaL EXaMINaTION REQUIRED IW ~E) ~BOFE IN THEIR DISCRETION TO ~CCEPT THE CERTIFICATE FRO~ THE DICTION OF S~CH FOREIGN ~UILDING ~O~RD~ CERTIFIED BY THE ~EC~ETARY~ WHICH CERTIFICATION ~OYNTON ~E~CH WITHIN T~iRTY DAYS, OR OTHERWISE THE CERTIFICATE SHALL BE INF~LID~ ~H) IF ANY APPLICATION SHALL BE DENIED AND REFUSED, THE PLICATION MAY BE RENEWED AT THE EXPIRATION OF SIX MONTHS FROM THE bATE IT W~S DENIED; PROFIDED~ HOWEFER~ THaT THE ~O~RD M~Y SHORTEN such PZ~IOD FOa c~s~. SEGTIO~ 8. BOARD OF EXA~INERS- APPOINTHENT: OOHPOSITION:TERHS: HEETINGS: O~A~IF!GA TIONS: ?A GANGIES: PREFERMENT OF GHARGES AND DISCIPLINARY A GTION !. THE APPOINTMENTS OF TmE nEnSE~S OF THE B~ILmI~S BOSOm ZN OrEZCE ~ THE ~ OF P~SS~SE OF O~m~mCE ~E HEREBY ~E-~EFI~HEm, UpON THE ~TZON OF THE TE~nS OF SUCH ~PPOZNTnENT THE ~~ON SH~LL MAKE NEW ~PPOINTMENTS ~0 THE ~O~D~ P~OVIDIN~ FO~ 7 ME~BE~S WHO H~E BEEN ~ES- IDENTS OF S~ID CITY AT LEAST ONE YEAR NEXT PRE- CEDING THE DATE OF THEIR ~PPOINTHENTS. TW~ GENERAL CONTRACTORS OF SlID BOARD SHALL BE APPOINTED FOR TERMS OF ~ YEARS; ~ GENERAL CONTRACTORS FOR TERMS OF ~ YEARS; ~ SPECIALTY CONTRACTORS FOR ~ TERM OF ONE YEAR; AND THE BUILDIN~ INSPECTOR FOR 1 YEAR. ~ HEM- BERS OF THE ~O~RD SHILL BE GENERAL CONTRACTORS; MEMBERS SPECIALTY CONTRACTORS AND 1 MEHBER ~N FICI~L OF THE ~UILDING INSPECTORS ~EP~RTHENT OF THE OITY OF ~OYNTON ~E~CH; ~LL, WITH THE EXCEPTION OF THE OFFICIAL OF ~UILDING ~NSPECTORS LICENSED TO DO BUSINESS IN THE OITY OF ~OYNTON ~E~CH. ~. ~CANCIES OCCURING IN THE HEHBERSHIP OF THE ~OARD SHALL BE FILLED BY ~PPOINTMENT OF A MEMBER FROM THE S~ME BR~NCH OF THE CONTR~CTIN~ BUSINESS ~S ~S THE BRANCH OF THE MEMBER WHOSE TERM HAS TERHINtTED, FOR ~NY RE~SON WH~TSOEFER~ 3. E~CH MEMBER SHALL HOLD OFFICE UNTIL HIS SUCCESSOR H~S BEEN DULY APPOINTED ~ND ~U~LIFiED. -13- TI~E BOARD SHALL ELECT ITS OFFICERS FOR THE ENSUING IN THE I~ONTH OF J~NU~RY OF E~CH DEC I SI I~GS E~C~ FISCAL ~NY TI~E. EXCEPT THOSE PORTIONS OF WHIC~ IRE OF ~ CONFIDENTIAL FINaNCIaL STATEMENT~ ~ND COmMUNICaTIONS RECEIFED BY THE ~OIRD IN ~ESPECT TO THE ~PPLIC~NT~S ~UXLIFIC~TIONS. OFFICIALS ~IFING ~ BONI FIDE REISON FOR KWOWLEDGE OF S~CH F~CTS. TSE CITY OF ~OYNTON ~E~C~ SH~LL SERFE ~S ~ECRET~RY OF THE KEEP ALL ~ECORDS, SH~LL ~ECEIFE ZX~mIW~TIOm FEES ~ND SEND THE FUNDS FORM SUCH ADDITIONAL DUTIES ~$ HEREIN SET F~RTH. -14'. C~RRY ON OR ~SSIST THE ~O~RD IN PERFORMING ITS DUTIES. CONSISTENT WITS THE ~ENERAL POLICIES Of THIS ORDINZNCE ZS IT ~dY DEE~ NZCESSdRY TO C~RRY OUT THE PROFISIONS OF THIS ORDINANCE. OITY OOUNCIL TO REFOKE THE $~ME UNDER THE PROFISIONS OF THIS ISTRATIFE ACTION ~G~INST THE CONTRACTOR; TO FILE ~ COMPLAINT FOR PROSEC~TIOW FOR THE FIOLATION ~AINST THE CONTRACTOR IW OWN ~TION~ OR SHALL~ UPON ~ SWORW COMPLAINT IN WRITING OF ~NY PERSOW~ INFESTIGATE OR C~SE TO BE INFESTIGATED BF ~ SPECIAL INFESTIG~TOR ~PPOINTED BY ~NKRUPTCY, BY, OR AG~INST~ ~ LICENSED C ONTR~CTOR F~IL TO ~EEP IN FORCE THE I~SUR~NCE POLICY RE~UIaED ~D ~PO~T T~ ~TT~ TO TH~ ~ITY ~;~!02~]' FOR ~EFOCATION ~CTION. -!5- THE BUILDING BOARD, UPON RECEIPT OF THE ~EPORT AFORESAID, SHALL EXAMINE THE SAME AND, IF IN THE OPINION OF THE ~:~ORITY OF THE ~OARD~ IT APPEARS T~AT T~"ERE IS A PRIME FACIE SHOWING OF ~ VIOLATION OF THE ORDINiNCE~ SH~L~ TAKE ONE OF T~E FOLLOWING ACTIONS~ OR B 0 ~3 INSTRUCT THE SECRET~RY TO SEND, BY REGISTERED H~IL~ A bETTER TO THE LICENSED CONTRACTOR TO RECORDS, SETTING OUT THE N~E OF THE PL~INANT T~E TIME OF COHMISSION OF THE LEGED OFFENSE~ IND THE SUBSTANCE OF THE SEC- TION OF THIS ORDIW~NCE ~LLEGED TO BE FIOL~TED~ GIVING THE SECTION NUMBER, AWL NOTIFYING THE LICENSED CONTRICTOR TO APPEAR BEFORE THE ~O~RD ~T ~ TIME ~ND PLACE FIXED, NOT SOONER THAT FIFE DAYS FROH THE ~AILIN~F THE CENSE SHOULD NOT BE RECO~HENDED FOR SUSPEWSION 6B9 INSTRUCT THE INVESTIGATOR OR COmPLaINaNT TO FILE ~ SWORN AFFIDAVIT FOR THE ARREST OF THE LICENSED CONTRACTOR FOR ~PPEAR~NCE BEFORE THE ~BOVE SH~AL BE OPEN TO THE PUBLICo CORDED ~ND MAY BE T~NSCRIBED AT THE EXPENSE OF THE P~RTY REQUESTING THE -16- (B~ THE~(~HEAI~ING SHOULD BE CONDUCTED ~ICCORDING TO EST~IB-- SORT OF EFIDENCE ON WHICH RESPONSIBLE PERSONS ~E ~C- CUSTO~ED TO RELY IN THE CONDUCT OF CIFIL ACTIONS, ~ULES OF PRIFILEGE SH~LL BE EFFECTIFE TO THE ~:~E TENT THAT THEY ARE NOW~ OR HEREAFTE~ M~Y BE~ RECOGNIZED IN CIF!L ACTIONS~ ~ND IRRELEF~NT AND UNDULY REPETITIOUS WITNESSES; TO INTRODUCE EXHIBITS; TO CROSS-EXA~INE ~OSING WITNESSES OR ~NY ~TTE~ RELEFANT TO THE ISSUUES EXAHIN~TiQN; TO i~PE~CH ~NY WITNESSES ~EG~RDLESS OF WHICH P~RTY FIRST CALLED HI~ TO TESTIFY~ AND TO REBaiT THE EFIDENCE ~GAINST HI~Y. IF RESPONDENT DOES NOT TESTIFY IN HIS OWN BEHALF~ HE HAY BE CALLED AND m~JORITY FOTE WITHIN FIFE DtYS ~FTER THE CLOSE mF THE i~ ~OT ~UILTY ST~ TING TII~Eo ~. ~ECOH~ENDATION OF REVOCaTiON OF LICENSE~ N~MING EFFECTIFE ~E~ ~N ~PPEAL FROM THE DECISION OF THE BO~aD m~Y BE .~O ~ COURT OF ~PPROPRIATE JURISDICTION. SECTION 9. RE~OG_~TION OB SUSPENSION OF LICENSE THE OCCUP~TION~D LICENSE ISSUED BY T~E ~ITY OF ~O~NTON ~E~CH TO ~ CONTRACTOR SHAAL BE SUSPENDED FOR ~ FIXED TERh~ REFOKED BY THE OITY -J'~- ~:~'---~-~- DETErMINaTION ~ROFIDED FOR ~BOFE THaT S~ID CONTraCTOR ~S ~N INDIFiDU~L~ OR THE CONTRACTO~ ~S A FIRM BY ITS OFFICE~ O~ OFFICERS~ DIRECTOR O~ DI- PBOFISIONS OF THIS ORDINA'NCE. -17~ SECTION 10. CONTRACTORS - UNLAWFUL iCTS AND OHI$SION$ IT s~L~ BE UNLaWfUL mO~ ANY CONTraCTOR INCLUDING SPECIALTY CONT~CTO~S~ ~S DEFINED BY THIS ORDINANCE OPERATING WITHIN THE OITY OF ~O~NTON ~EACH, LICENSED INDIFIDUALLY BY THE ~ITY~ OR FIRM CONTR~CTOR~ OFFICER$~ D IRECTORS~ OR ~U~LIFIED ~TIFE OF A FIRH CONT~CTO~ TO COMHIT ANY ONE OR MORE OF THE ~) ~0 CONTRACT OR DO ANY WORK OUTSIDE THE SCOPE OF OPERATIONS ~S SET ~UT IN THE DEFINITION OF THE P~TICUL~R TYPE CONTRACTOR FOR WHICH HE IS LICENSED. ~C) ~IFERT F~NDS OR ~PE~TY RECEIFED FOR THE EXECUTION COMPLETION OF ~ SPECIFIC CONSTAUCTION PROJECT OR ~TiON OR FO~ ~ SPECIFIED PURPOSE IN TWE EXECUTION PLtNS OR SPECIFICATIONS OF ~ CONSTRUCTION JOB WITHOUT (F3 HISREPRESENT ~Y ~TEaI~L F~CT IN HIS ~PPLIC~TiON THiS ORDINANCE. (~3 F~IL TO FULFIAA CONTRaCTUaL OBLIGATION THROUGH INABILITY TO P~Y ILA CREDITORS FOR ~ATERIAL FURNISHED OR WORK SERVICES PEaFORHED IN THE OPERATION OF HIS BUSINESS FOR -18- ~H3 ~ID OR ABET .4N UNLICENSED PERSON TO EFADE THE FISIONS OF THIS ORDINANCE OR ~LLOW LICENSE TO BE U~ED ASSOCIATE OF ~N UNLICENSED PERSON WITH THE INTENT TO WHICH ANOTHE~ IS SUBSTaNTIaLLY (J3 ~EGLI~ENCE~ INCOMPETENCY OR ~ISCONDUCT IN THE PRACTICE SECTION 1I. ~BOU~DS FOR SUSPENSION OR RETOO.~TIO~Z OF ~ND~ OERTiFIO~TE OCCUPATIONAL ~ICENSE IF~ ~FTER DUE ~E~RING~ IT IS FOUND THAT THE ~3 ~iO~TED ~NY OF THE RaOFISIONS OF SECTIO~ 10 Of Trois ORDINANCE. COMPANY ~UTHORIZED TO DO BUSINESS IN T~qE ~T~TE FAOaID~, INSURANCE IN ~CCORD~CE WIT~ ~ECTIOW OF THIS ORDINANCE. SECTION i~ INSUBtNCE ~¥ERY CONTRACTOR OR SPECItLTY CONTRACTOR ~R~NTED ~ LICENSE UNDER TSE TERMS OF THIS ORDIN~NCE~ SHALL BE aZQ~IRED TO ~INT~IN AT ALL TIMES~ IN ~N INSURANCE COMPANY A~THORIZED TO DO BUSINESS NI~HED CE~TIFICATE~ ~ IN~R~NCE IN COHPLIANCE WITH TH~B SECTION. -!8- ~EOTiON ~ $. PEN~LITE$ ~ ~It~Y PERSON~ FI~ O~ CO~PO~TIO~ PRESEN~iN~ THEREOF IN OBTAINING OR H~INTAINING ~ LICENSE, OR WHO S~ALL F~LSELY ~00~00 OR BY IMPRISONMENT, FOB ~ PERIOD NOT EX.OEEDING SIXTY D~YS, OR BY BOTH SUCH FINE AND I~PRISON~ENT, IN THE DISCRETiOW OF JUDSE OF Tree HUNICIP~L OOHRT FOR E~CH OFFENSE. THE PROFISIONS OF TSIS O~DINANCE, SHALL NOT BE ISSUED ~ BUILDING PERMIT BY T~ OITY OF ~B~T~L>~' ~EACH, SO LONG AS SAID FIO~'ITION RE~AINS UNRECTIFIED. REPEiLING ORDINANGES IN GONFLIGT HEREWITH: 2LL ©RDINANCES OR P~4RT$ OF O~DIN~NC~S OF TH~ ~iTY OF ~OYNTON ~E~CH~ CONFLICT WITH THE PROFISIONS OF THIS ORDIN~WCE ~aE EFFECTIFE DITE: fHIS ORDINANCE SHILL BECOHE EFFECTIFE IN ~CC~RDANCE WITH THE ~H~gER OF S~ID ~ITY IN SUCH C~SES ~ND PROFIDED. -20- $~ VI~G Gi~2 USE SHO~D ANY SECTION Olk PROVISION OF THIS ORDINANCE OR ~NY ~RTIO~ THEREOF~ ~Y SENTENCE OR WORD BE DE~L~RED BY ~ COURT OF COMPETENT JURISDICTION TO BE INF~LID~ SUCH DEOISION SH~LL NOT ~FFECT T~E F~LIDITY OF THE RE~INDER HEREOF DECLARED TO BE INFALIDo IUTHORIZ~ fIO~ TO CODIFY: ~FTER THIS ORDINANCE BECO~YES EFFECTIFE, ~UTHORITY IS HEREBY GRZNTED TO CODIFY THE S~HE aND F~asT ~EADING THE 7TH D~Y OF ~UGUST SECO~ Ft~ BE~DIN~ I~ FULL ~N9 PISS~GE THE I 7TH D~Y OF 2USUST 1909. Co UN~C ILl, AN 1959. CO UNC I LICAN t TTEST : COUNCILMAN