No person shall engage in the business of contractor without
first having obtained a license from the Village. This article however
shall not apply to plumbers or other contractors who are licensed
and regulated pursuant to the preemption powers of the State of Illinois.
[Amended 7-18-2023 by Ord. No. 2023-3713]
An applicant for a contractor's license shall file an application
therefor with the Village Community Development Director, on a form
provided by the Village, which application shall include, without
limitation, the number of individual employees of the applicant which
will be operating under such license, the type and scope of contracting
activity for which a license is requested, and a statement that the
applicant agrees to comply with all provisions of this Code relating
to or regulating the activities engaged in by the applicant.
Licenses issued to contractors shall be valid for a period of
one year, beginning from the date of issuance.
It shall be the absolute and irrevocable responsibility of all
contractors licensed hereunder to secure the appropriate and necessary
permits required by this Code before undertaking to construct, alter,
maintain, repair, add to, subtract from, improve, move, wreck or demolish,
in whole or in part, any building, structure, land parcel, sidewalk,
driveway or street pavement. It shall also be the duty of all contractors
licensed hereunder to comply with all the provisions of this Code
relating to or regulating their activities as contractors, and, in
addition thereto, to remove or cause to be removed at least once each
week from the site of said contractor's activities, all trash, refuse
and waste materials. Contractors shall, at all times, keep the site
of activities in an orderly condition, free from standing water, unguarded,
dangerous implements, and health and safety hazards. Contractors shall
not obstruct traffic, streets, or sidewalks nor allow dirt or waste
materials from falling or being carried onto public ways.
The provisions of this Article 16 are declared to be of a regulatory
nature, and it shall at all times be the duty of all municipal officials
charged with enforcement of this Code, to regularly inspect the site
of the contractor's activities and to investigate whether persons
engaged as contractors are properly licensed and that their activities
are being conducted and operated in accordance with applicable provisions
of this Code.
All contractors shall give security to the Village in the form and manner required by Chapter 6, Article 2, of this Code, by which security the contractor shall save and keep harmless the Village from any and all damage that may result to pavements, sidewalks, or other public property resulting from the use of streets in connection with such business, and, further, to save and keep harmless the Village from damages to persons or property arising from suits or claims resulting from obstructions or materials deposited or dropped upon the streets or other public places in the Village by such contractor.
[Amended 7-18-2023 by Ord. No. 2023-3713]
All contractors or an applicant or a property owner acting as
a general contractor who have applied for a building or construction
permit for a property must submit evidence of current liability insurance
to the Community Development Department showing that the contractor,
applicant, or the property owner for which the permit is sought has
insurance coverage in an amount of not less than the amount set forth
in the Annual Fee Resolution,[1] for all damage to property adjoining the subject property
resulting from the proposed work on the subject property.
[Added 3-6-2018 by Ord.
No. 2018-3318]
(A)
It shall be unlawful for any contractor licensed pursuant to this
Article 16 to:
(1)
Perform any work outside the scope of operations as defined
under the particular classification of contractor for which the contractor
is licensed;
(2)
Perform, or cause to be performed, any work in violation or
deviation of the applicable permit issued by the Village, without
prior approval of the Community Development Director or his or her
designee;
(3)
Aid or abet any person in evading the requirements of this article,
or allow the contractor's license to be used by any person, or act
as an agent, partner, or associate of any person, with the intent
to evade the provisions of this Article 16;
(4)
Abandon, without justification, any project or operation for
which the Village has issued a permit to the contractor;
(5)
Fail to obtain Village approval, through required interim or
final inspections as required by a building permit issued for construction,
or fail to rectify work previously deemed to be unacceptable by the
Village's Building Official prior to reinspection and satisfactory
approval, prior to advancing the project beyond a state that allows
for appropriate inspection;
[Amended 7-18-2023 by Ord. No. 2023-3713]
(6)
Make any false, fraudulent or misleading material statement
in the application for a license, including the Affidavit of Compliance
– Homeowner Form filed pursuant to this Article 16;
[Amended 7-18-2023 by Ord. No. 2023-3713]
(7)
Make any false, fraudulent or misleading material statement,
or be convicted of perpetrating a fraud upon any person, whether or
not such fraud was perpetrated in the course of conducting any business
in the Village, or commit a felony; or
(8)
Conduct any activities directly related to its business in the
Village in an unlawful manner or in such a manner as to constitute
a breach of the peace or a menace to the health, safety or general
welfare of the public.
(B)
Upon a finding by a court or the Village's administrative hearing officer that a contractor violated any provision of Section 14-16-8(A) of this Code, the Village may suspend that contractor's license in accordance with the following:
(1)
The Community Development Director, or his or her designee,
shall cause to be served upon the licensee or his or her agent, either
personally or by certified mail, return receipt requested, written
notice that the Community Development Department intends to recommend
to the Village Board of Trustees, during a public hearing at a meeting
not less than 15 days after such notice is served, that the contractor's
license be suspended;
(2)
During a public hearing of the Village Board, the licensee shall
have the right to present evidence on its behalf, and shall have the
right to be represented at such hearing by counsel. Within 35 days
after the conclusion of the public hearing, the Village Board shall
make a determination, by resolution duly adopted, whether to suspend
the license for a period of up to 90 days. The duration of the suspension
may depend on the following factors:
(a)
The nature of the violation;
(b)
The nature and extent of the harm caused by the licensee's action
or failure to act;
(c)
The factual situation and circumstances surrounding the violation;
(d)
Whether or not the action or failure to act was willful; and
(e)
The record of the licensee with respect to violations.
(C)
A licensee whose license has been suspended pursuant to this Section 14-16-8 shall not be eligible to reapply for a contractor's license until the expiration of the suspension period, beginning on the date of adoption of the resolution enacting the suspension. At the time of the reapplication, the applicant must submit all required forms and fees as specified in this Article 16.
