[Added 11-4-1996 by L.L. No. 9-1996]
A.
No unauthorized person shall uncover, make any connections
with or opening into, use, alter or disturb any public water system or appurtenance
thereof without first submitting a permit application obtainable at the office
of the Village Clerk or the Department of Public Works to include a drawing
or sketch of the intended work and a ten-dollar nonrefundable permit application
fee to be charged at the time of submission of the said application. The application
and associated documents submitted will be compared to the water service requirements
passed by the Village Board on December 15, 1997, by an authorized representative
of the Department of Public Works. Upon approval of the permit application
by an authorized representative of the Department of Public Works, the applicant
shall receive a numbered permit from the office of the Village Clerk. Installing
and maintaining water lines shall be the responsibility of the Village.
[Amended 2-2-1998 by L.L. No. 2-1998]
B.
All construction, alteration and repair work performed
on private property between the curb valve and water meter shall be done under
the supervision of the Department of Public Works or its designated agent.
All work not performed by a homeowner on his property shall be performed only
by authorized contractors registered with the Village of Westfield, and at
the expense of the property owner.
C.
Every person desiring water service via the public water
system, or desiring to make alterations or engage in repair work to existing
water systems upon his or her own property shall first make application to
the Department of Public Works or its designated agent on forms approved by
the Village Board. Such application shall be signed by the owners of the property
or their designated agents and the registered contractor who shall perform
the work. Any required fees shall be paid upon submission of the application.
D.
All applications, site plans, materials and specifications
shall be approved in writing by the Department of Public Works or its designated
agent prior to commencement of any excavation, installation, alteration or
repair of any water or sewer line, component, or any part of such water or
sewer system. All applications shall be reviewed and processed within 30 days.
Prior to commencement of construction work, all applicants shall call the
Underground Facilities Protective Organization. In the case of a rejected
application, the applicant shall be notified in writing as to the reasons
for rejection, and such notification shall be made within three business days
after the application has been determined incomplete or invalid in any way.
In the case of any emergency repair, as defined in this chapter, the
property owner or his designated agent shall be responsible for obtaining
the proper permits within 72 hours after the commencement of such repairs.
In all cases the owner or his designated agent shall make every possible attempt
to contact the Department of Public Works or its designated agent prior to
engaging in such repairs.
A.
All work on water lines connected to the public water
supply, including but not limited to obtaining water service via the principal
water mains, alterations or repair work to existing water systems within the
Village shall be performed only by or under the direct supervision of a contractor
registered with the Village of Westfield other than a homeowner working on
his own property. For a contractor to be eligible for certification he shall
either be a plumber or other contractor with similar experience in the installation,
maintenance or repair of water or sewer lines. The contractor shall be considered
an agent of the property owner and shall be responsible for compliance with
this Code even though he does not personally perform the work.
B.
Application to register as a contractor shall be made
at the Village of Westfield Clerk's office. No fee shall be charged for
the application or the filing thereof. Applications shall contain the following
information:
(1)
Applicant's full name, street address and applicable
mailing address.
(2)
Social security number and driver's license number.
(3)
Business and home telephone numbers.
(4)
Number of employees, if any.
(5)
Company name and street address.
(6)
Type of work performed by the applicant and his company.
(7)
Proof of liability insurance certificate. Contractors
shall be required to carry a minimum of $300,000 in bodily injury liability
and $50,000 property damage protection, and the policy shall also provide
coverage against collapse, explosion and damage to underground utilities.
The Village of Westfield shall be named as an additional insured under the
above policies.
(8)
Any other information which may be required by the Village
of Westfield Department of Public Works.
C.
Upon approval of the contractor's application, the
contractor shall be issued a registration card or certificate. This registration
card or certificate shall be displayed to the appropriate Village officials
upon demand.
D.
After the application to register as a contractor has
been approved and proper permits have been issued and notification has been
given to the Department of Public Works at least 24 hours in advance of commencing
the work, the contractor may commence work.
E.
All registration cards or certificates issued by the
Village shall expire three years from the date of issuance. All contractors
seeking to continue installing or maintaining water lines shall apply for
a new registration card or certificate every three years.
F.
All contractors shall provide the Village with an updated
certificate of insurance as required in this chapter within five days of its
expiration. Failure to supply the updated certificate of insurance shall be
deemed a violation of this chapter and shall require the contractor's
registration to be immediately revoked by the Village.
G.
The Village Clerk shall maintain a log of all registered
contractors and shall furnish copies of the same to the Code Enforcement Officer
and the Department of Public Works.
H.
Suspension or revocation of registration.
(1)
Any registered contractor who shall neglect or refuse
to comply with the provisions of this article or the rules and regulations
established by the Village; or with conditions under which any permit shall
be issued, or who shall falsify any statements in his application for registration;
or who shall violate any provisions of the Code of the Village of Westfield;
or who shall violate any provisions of the laws of this state, shall be subject
to suspension or revocation of registration. Any registration certificate
authorized to be issued may be suspended by the Village Clerk as set forth
below. If such certificate is suspended, the certificate and all evidence
thereof shall be surrendered by the registrant and shall be held by the Village
Clerk until the final disposition of such suspension.
(2)
It shall be unlawful for the suspended contractor or
anyone working on his behalf to do any work in the Village of Westfield water
supply system while suspension is in force.
(3)
In connection with the notice of suspension, a statement
in writing shall be prepared by the Village Clerk suspending the certificate
and setting forth specifically the charges or grounds for which the certificate
was suspended and the facts on which suspension is based, and such statement
shall be served personally or by first-class mail to the address of the registrant
listed in the contractor's application to the Village.
(4)
Upon such suspension the Village Clerk shall give a notice
in writing to the contractor or to any person in charge of the contractor's
business at the address designated in the certificate that a hearing will
be held before a hearing officer appointed by the Mayor at such time and place
stated in the notice, not less than three days and not more than 30 days from
the date of such suspension, at which time the question of such suspension
shall be heard by the hearing officer to determine if the basis for the suspension
exists. If the hearing officer finds that the basis of suspension is substantiated
by the facts, the certificate shall be revoked forthwith, but if the basis
of suspension is not established by the evidence submitted, the certificate
shall be reinstated.
(5)
In the event that the certificate issued under the Code
is revoked, such person and all persons officially connected with such certificate
shall be ineligible to obtain another certificate in the Village for a period
of three months from the date of such revocation.
I.
Work performed by unregistered contractors.
(1)
Whenever the Director of Public Works has reasonable
grounds to believe that any work within the scope of this chapter is being
performed by an unregistered contractor, he shall notify the owner of the
property or the owner's agent and the contractor to suspend all work,
and any such persons shall forthwith stop such work and suspend all activities
until the stop order has been rescinded. Such order and notices shall be in
writing, shall state conditions under which the work may be resumed and may
be served upon a person to whom it is directed either by delivering it personally
to him or by posting the same upon a conspicuous portion of the building where
the work is being performed.
(2)
The stop order issued pursuant to Subsection I(1) above may be rescinded by the Village Clerk if the contractor registers with the Village as required by this chapter within five days of the issuance of the stop order and files the required certificate of insurance.
(3)
Unless otherwise provided, any person, firm or corporation
who or which shall violate any of the provisions of this chapter shall be
guilty of an offense and shall be subject to a fine not exceeding $250 or
a term of imprisonment not exceeding 15 days, or both. Each day's continued
violation shall constitute a separate offense.
(4)
An action or proceeding in the name of the Village of
Westfield may be commenced in any court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any provision of
this chapter, rule or regulation adopted pursuant to this chapter. Such remedy
shall be in addition to penalties otherwise prescribed by law.
(5)
In any action or proceeding commenced pursuant to this
chapter, the performance of any work by an unregistered contractor shall be
deemed prima facie evidence of a violation of this chapter.
