[Code 1974, §§ 63-1, 63-2]
(a)
The provisions of this article do not apply to:
(1)
Owner of property, insofar as they themselves perform work or
labor in the construction, improvement, or excavation of a building
sewer connection from their own property or structure as used or occupied
by such owner at the time the work or labor is performed;
(2)
The sale of any products or materials entering into and becoming
a part of any building sewer connection.
(b)
A contractor performing the work without the aid of employees, or
upon an hourly, daily, weekly or other periodic rate, shall not be
exempt from the provisions of this article.
[Code 1974, § 63-6]
No contractor licensed under the provisions of this article
shall escape responsibility or liability thereunder by letting any
portion of the work to be a subcontractor or to an independent contractor.
[Code 1974, § 63-1]
In order to safeguard and protect the Township public sewer
system and the health, safety, and property of the Township residents,
it shall be unlawful for any individual, person, corporation, firm,
or partnership to contract with any resident of the Township for a
fixed fee, sum, percentage, or other consideration for the construction,
improvement, or excavation within the Township of a building sewer
connection from a structure or lot to the public sewer system, without
first having obtained a building sewer contractors license, as hereinafter
provided for.
[Code 1974, § 63-3]
All applications for licenses shall be made to the superintendent
of the Department of Public Works. The superintendent is hereby authorized
to require the applicant to submit reasonable evidence of his ability
to perform the work he would do under the license applied for, his
ability to read and interpret plans and specifications; his knowledge
of and ability to abide by the sewer construction regulations of the
Township, and his understanding of his obligations to the public and
his principal. The contractor shall indemnify and save the owner,
the Township, and the county road commission harmless from any and
all claims on account of injury or damage. He shall carry public liability
insurance in the amount of $100,000 per person and $200,000 per accident
and property damage insurance in the amount of $50,000. In addition,
the contractor shall post either a cash deposit or a bond executed
by a surety company authorized to do business in the state in the
amount of $1,000. The Township and the county shall appear as the
obliges of the bond, and such bond shall be in a form acceptable to
the Township. The contractor shall fully comply with all workmen's
compensation laws of the state and shall carry sufficient workmen's
compensation insurance. Proof of the insurance requirements shall
be furnished to the Township.
[Code 1974, § 63-4]
The general provisions for license suspension and revocation contained in § 38-40 of this chapter shall be applicable to licenses issued under this article. The Township Board may investigate the actions of any licensee under this article and shall have the power to suspend or revoke any license issued under the provisions of this article for the following acts:
(1)
Abandonment, without legal excuse, of any contract, as defined in
this article.
(2)
Division of funds or property paid or turned over to a contractor
for the prosecution or completion of a contract as defined in this
article.
(3)
Wilful departure from or disregard of plans or specifications in
any material respect without the written consent of the owner or the
Township.
(4)
Performance of a contract in an unworkmanlike, incompetent, or defective
manner.
(5)
Failure to obtain required permits.
(6)
Misrepresentation of a material fact by the applicant in obtaining
a license.
[Code 1974, § 63-5]
After the suspension or revocation of a license by the Township
Supervisor, the licensee shall be entitled to a public hearing before
the Township Board if it requests the same in writing with the Township
Clerk within five days of receipt of notice of such suspension or
revocation. The Township Board shall, at least 10 days prior to the
date set for the hearing, give such licensee written notice of such
hearing together with a copy of the complaint. The Township Board
may confirm, alter or amend such suspension or revoke or reinstate
any such license.
