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HomeMy WebLinkAboutItem 8 Ordinance 08-083 Tree ServicesPage 1 of 4 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-083 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ESTABLISHING LICENSING AND REGISTRATION REQUIREMENTS FOR OTHER COMMERCIAL ACTIVITIES IN LAKE ELMO, MINNESOTA. SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI: Business Regulations; Chapter 116: Other Licenses and Registration, by adding the following language: § 116.01 POLICY. It is deemed in the interest of the public and the residents of the City that certain commercial work or specific services performed on property within the city, be done only by individuals that have demonstrated or submitted evidence of their competency or ability to ensure the protection of the legal, personal, and property rights of persons in the City. § 116.02 LICENSE OR REGISTRATION REQUIRED; PERMITS (A) Commercial Tree Cutting, Trimming, Pruning, Removal, or Spraying (1) License Required. It shall be unlawful for any individual, partnership, or corporation to conduct as a business the cutting, trimming, pruning, removal, spraying or otherwise treating of trees in the City without having first secured a license from the City to conduct such a business. Licenses issued under this section shall expire on December 31 of each year. (B) This division shall not be construed as preventing any such qualified licensee from performing the work by an employee under his/her supervision and control, or by contract with another person qualified to perform the same; provided that the contractor is subject to the control of the licensee, and the licensee is at all times responsible for the work performed. A contractor not subject to the control of a licensee shall be required to obtain a license. (C) Permit not required. No permit is required for the services or work described in this section unless required elsewhere in this code. § 116.03 APPLICATION FOR LICENSE; INSURANCE REQUIREMENTS; ISSUANCE OR DENIAL. (A) Contents of application; insurance. (1) Applications for a license shall be made on forms provided by the City Clerk. On such form, the applicant shall state the following information: Page 2 of 4 (a) His/her name, and business and home address; and if the application is made on behalf of a partnership, association or corporation, the name and address of such partnership, association or corporation, and the phone number of the contact person; (b) If the proposed licensee is a partnership, the name and home addresses of all partners; or if the proposed licensee is an association or corporation, the names and home addresses of its principal officers and managers and of the owners (not to exceed 10) or the largest shareholders of the business or enterprise; and (c) Such information as is required to be furnished by ordinance or is reasonably required by the City Clerk or other applicable City departments. (2) The application shall include documentation indicating insurance coverage, which shall remain in effect during the license term, naming of the City as an additional insured, and non-cancellation provisions, which provide a minimum of 30 days’ notice to the City prior to cancellation, as follows: (a) Comprehensive general liability insurance not less than $100,000 for injuries including accidental death to any one person, and subject to the same limit for each person in an amount of not less than $300,000 on account of any one accident; (b) Property damage insurance not less than $50,000 for each accident and not less than $100,000 aggregated; and (c) Workers compensation insurance coverage of employees as required by state law. (B) Signatures required. The proposed licensee shall sign the application; or if the proposed licensee is a partnership, an association or corporation, at least one person having power under its bylaws to execute contracts of the association or corporation shall sign. (C) Issuance of license. The license shall be granted by the City Clerk. (D) Denial of license; appeal. In the event the City Clerk determines that the application does not comply with the ordinance criteria, the report and recommendation of the City Clerk and applicable staff shall be referred to the City Council, together with the reason or reasons for the proposed denial. A copy of the recommendation shall be supplied to the applicant. The applicant may appear before the City Council to respond to the recommendation of denial. The City Council shall make the appropriate findings and either issue or deny the license application. § 116.04 STANDARDS FOR LICENSE ISSUANCE; SUSPENSION OR REVOCATION OF LICENSE; TERM. (A) Standards for issuance generally; term. Licenses and renewals thereof shall be issued after a verification of the applicant’s qualification and record in the performance and operation of the types of work for which the applicant seeks a license. Licenses shall be issued for one Page 3 of 4 calendar year from January 1 through December 31. New licenses will run from date of issuance through December 31. (B) Standards for denial, suspension, or revocation. Licenses and renewals therefore may be denied, suspended, or revoked by the City Council for any of the following reasons: (1) Failure to complete the application or file the required license fee or insurance policy; (2) Violations of licensing ordinances by applicant, or suspension or revocation licenses held by the applicant in the City or elsewhere; (3) Disregard or violation of any state, county, or City law which creates a threat to the public peace, health, safety and welfare; or (4) Any conduct which is contrary to the public interest, including, but not limited to, fraud, misrepresentation, or other dishonest or deceitful conduct or act. (C) Procedures for suspension or revocation. If any licensee violates or is in default of complying with any condition, requirement, duty or rule of conduct imposed on him/her by any statue or ordinance, or if any one or more of the foregoing conditions exist, the City Clerk may initiate proceedings before the City Council to suspend or revoke the licensee’s license. Procedures for suspension or revocation shall be as follows. (1) The licensee shall be provided with notice of the reasons for any proposed suspension or revocation. The notice shall provide the licensee with an opportunity to explain the rationale for the proposed suspension or revocation. (2) The licensee shall be notified in advance of the date, time, place and purpose of the council meeting where the action on the license will be considered. The licensee shall have an opportunity to be heard at the meeting. After making appropriate findings, the council may continue the license in effect, impose conditions on the license or revoke the license. § 116.05 LICENSE FEE. The annual fee for license shall be established by ordinance of the City Council from time to time. § 116.06 EXEMPTIONS FROM PROVISIONS. No license will be required under this chapter in the following circumstances. (A) For public service corporations performing work upon or in connection with their own property, except as may be provided by other provisions of this code. (B) In the event where circumstances preclude obtaining a license prior to work being performed, such as during or following severe weather, a license must be obtained from the City within 72 hours. § 116.07 CHEMICAL TREATMENT REQUIREMENTS. Page 4 of 4 Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees shall file with the City proof that the applicant or the employee of the applicant administering such treatment has been licensed by the Minnesota Department of Agriculture as a Commercial Pesticide Applicator for the current year of operation. § 116.08 EFFECT ON LIABILITY. This chapter shall not be construed to affect the responsibility or liability for any party owning, operating, or installing the work described in this chapter for damages to persons or property caused by any defect therein, nor shall the City be held as assuming any such liability by reason of the licensing of persons engaged in such work. § 116.09 PENALTY. In addition to the revocation or suspension of the license, any person violating any of the provisions of this Section shall be guilty of a misdemeanor. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08-081 was adopted on this second day of July 2013, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _____________________________________ Mike Pearson, Mayor ATTEST: _________________________________ Adam Bell, City Clerk This Ordinance 08-083 was published on the ____ day of ___________________, 2013.