HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-069CITY OF LAKE ELMO
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY
ESTABLISHING LICENSING REQUIREMENTS FOR CONTRACTORS TO ENSURE
COMPETENCY AND PROFESSIONALISM IN CONSTRUCTION ACTIVITIES IN LAKE ELMO.
MINNESOTA.
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XI:
Business Regulations; Chapter 115: Building Contractors, by adding the following
language:
5115.01 POLICY. It is deemed in the interest of the public and the residents of the city
that the work involved in building, alteration, construction, and the installation of
various appliances and service facilities in and for such buildings be done only by
individuals that have demonstrated or submitted evidence of their competency to
perform such work in accordance with applicable codes and ordinances of the city
regulating the same.
S1 15.02 LICENSE AND PERMIT REQUIRED
A. License Required
1. No person, firm or corporation shall operate, maintain, conduct or engage in the
following businesses or work, except in accordance with state statutes, this code
and other applicable ordinances of the city.
a. Demolition- Residential Dwelling, Commercial Structure
b. Driveway
c. Excavation
d. HVAC
e. I rrigation
f. Sewer line installer
Water Line installer
h. Sign Installer
i. Right of way
2. This subsection 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 shalt be required to obtain a license.
B. Permit Required. For each of the businesses or occupations Listed in subsection Al
of this section for which the State of Minnesota provides for the registration
thereof, permits shalt be granted only to holders of a state or city license; except
that the owner of any property may perform work when work is performed in
accordance with the codes and ordinances of the city, and for such purpose, a
permit may be granted to such owner without a licensed obtained.
5115.03 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 shalt state the following information:
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.
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 shalt include documentation indicating insurance coverage,
which shalt remain in effect during the license term, and non -cancellation
provisions, which provide a minimum of thirty (30) days' notice to the City prior
to cancellation, as follows:
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a. Comprehensive general liability insurance not less than one hundred thousand
dollars ($100,000.00) 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
three hundred thousand dollars ($300,000.00) on account of any one accident;
b. Property damage insurance not less than fifty thousand dollars ($50,000.00) for
each accident and not less than one hundred thousand dollars ($100,000.00)
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. Renewal Applications. Applications for renewals of licensee may, in the interest of
brevity, substitute for any required information a reference to statements
contained in previous applications, which are on file with the city.
D. Issuance of License. The license shall be granted by the city clerk, after positive
recommendations from applicable city staff, upon proof of the applicant's
qualifications, and compliance with section 115.04 of this chapter.
E. 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.
5115.04 STANDARDS FOR LICENSE ISSUANCE; 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 calendar year from January 1 through
December 31. New licenses will run from date of issuance through December 31.
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B. Standards for Denial. Licenses and renewals therefore may be denied 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. Misstatement in the application.
3. Failure to comply with special conditions required by statue or ordinance for
issuance of a License.
4. Violations of licensing ordinances by applicant, or suspension or revocation
licenses held by the applicant in the city or elsewhere.
5. Violation of any state statute or city code provision which creates a threat to the
public peace, health, safety and welfare.
6. Disregard and violation of the building, housing, sanitary, health, and fire Laws of
the state, county, or city.
7. Any conduct which is contrary to the public interest, including, but not limited
to, fraud, misrepresentation, or other dishonest or deceitful conduct.
5115.05 LICENSE FEE; EXEMPTION. The annual fee for license shall be established by
ordinance of the city council from time to time. No license fee shall be required of
any person, firm or corporation, pursuant to this section, who, by state law, is
required to attain standards of competency or experience as a prerequisite to
engaging in such craft or profession; provided that the person shall provide evidence
to the city that the individual, firm or corporation has a license in good standing from
the state, and further provides proof of insurance in effect through the term of
license issued by the state.
5115.06 SUSPENSION OR REVOCATION OF LICENSE
A. Grounds 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 following
conditions exist, the city clerk may initiate proceedings before the city council to
suspend or revoke the licensee's license.
1. If the applicant for a license or renewal thereof knowingly made any false
statements in the application for a license.
2. When the applicant has violated any state statute or city code provision which
creates a threat to the public peace, health, safety and welfare.
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3. When there is disregard and violation of the building, housing, sanitary, health
and fire taws of the state, county or city.
4. For failure to notify the city of any change in control of ownership, management
or business name or location within thirty (30) days of such change.
5. Conducting a building contracting business in any name other than the one for
which the contractor is licensed.
6. Any conduct which is contrary to the public interest, including, but not limited
to, fraud, misrepresentation or other dishonest or deceitful act.
B. Procedures for Suspension or Revocation. Procedures for suspension or revocation
shall be as follows:
1. The Licensee shalt 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 shalt 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.
5115.07 EXEMPTIONS FROM PROVISIONS. No license will be required under this chapter
in the following circumstances:
ZZ,
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. For manufacturers for work incorporated with equipment as a part of the
manufacturing, except as provided in other provisions of this code.
5115.08 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.
SECTION 2. Effective Date, This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
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SECTION 3. Adoption Date. This Ordinance 08-069 was adapted on this 19th day of
February 2013, by a vote of . Ayes and 0 Nays.
Mike Pearson, Mayor
ATTEST:
Adam Bett, City Cterk
This Ordinance 08-069 was published on the W__"day of 2013.
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