[HISTORY: Adopted by the Village Council of the Village of
Michiana 10-10-2014 by Ord. No.
2014-01. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them:
The person or persons so designated by the Village Council
of the Village of Michiana to serve in the capacity of Building Inspector
and administrate planning, zoning, building and construction permitting
in accordance with the terms of this chapter and other Village ordinances.
Any person, firm, company or corporation which for consideration
undertakes or purports to have the capacity to undertake, or submits
a bid to, or does himself or by or through other personnel employed
by such contractors construct, alter, repair, add to, subtract from,
improve, move, wreck or demolish the whole or any part of a building
or structure, or any of the appurtenances thereto, sidewalk, street
or pavement, for which a permit is required by Village ordinance.
The term "building contractor" includes all trades regardless if otherwise
licensed by some other authority.
Any building contractor who subcontracts all or any portion
of a building contract to one or more building contractors who shall
himself perform more than one trade during the course of any construction
and subcontract any other trade during the course of any construction.
Any business, whether corporate, partnership, limited liability
company, or sole proprietorship, which for consideration undertakes
or purports to have the capacity to undertake, or submits a bid to,
or does himself or by or through other personnel employed by the business,
provides services for the maintenance, alteration, repair, installation
of landscaping, any services related to the repair and maintenance
of structures including the principal and accessory use buildings,
not otherwise required to hold a registration permit as a building
contractor or general building contractor.
The Village of Michiana, Michigan, administered by the Village
Council.
It shall be unlawful for any person to engage in business in
the Village as a building contractor, general building contractor
or to conduct a landscaping, building maintenance or other form of
property maintenance or repair business without having first obtained
an annual registration permit therefor or to violate the terns of
any such permit when granted. Date of renewal shall be established
by resolution by the Village Council.
Application for a contractor registration permit shall be made
to the Village Clerk in writing, signed by the applicant if an individual,
and signed by all partners if a partnership, or by a duly authorized
officer thereof if a corporation or limited liability company, verified
by oath or an affidavit, and which shall contain: 1) the name of the
applicant; 2) the type of registration permit required (general contractor
or contractor); 3) the time period covered; 4) the fee to be paid
(if any); 5) the address of the business for which any notice required
herein is to be mailed; and 6) any licenses or registrations required
to perform services regulated in this chapter plus a listing of insurance
coverage then in effect and which the applicant agrees to keep in
force throughout the period covered by the registration permit, including
worker's compensation, public liability for personal injury or
death, property damage and vehicle coverage, listing the insurance
company, policy number, amount of coverage and expiration date. At
least the minimum limits of insurance shall be required by law for
worker's compensation; $500,000 for general liability for both
public and vehicle coverage. The application shall also contain any
other information as may be required by the Building Inspector at
his discretion.
An application for a contractor registration permit shall be
accompanied by an application fee in an amount of $50, payable to
the Village of Michiana. Forms for all permits shall be prepared by
and completed application kept on file by the Clerk. Each permit issued
shall bear the seal of the Village, name of the permittee, address,
type of registration permit issued, the amount of fee paid and any
other information required by the Village Council and Building Inspector.
The Clerk shall file a copy of all registration permits issued to
the building. The Clerk shall maintain a list of registration permits
issued and provide a copy upon request to the general public.
Any person having a general building contractor's registration permit shall not be required to secure an additional permit for work performed as a building contractor, nor shall a permit be required of a building contractor acting as a subcontractor under written contract to a properly permitted general building contractor. General building contractors shall be responsible to verify that their subcontractors are insured to the minimum limits as listed in § 146-3.
No registration permit issued under the provisions of this chapter
shall be transferable.
In addition to any other penalty imposed by this chapter or
other Village ordinance for violation of any provision of the chapter
or regulation, a contractor's permit issued under the provision
of this chapter may be suspended or revoked by the Building Inspector
after hearing before the Village Council. All orders suspending or
revoking registration permits shall state the grounds therefor, shall
be signed and be subject to appeal to a court of competent jurisdiction.
A.
The commission or omission of any of the following acts shall, in
addition to the violation of any applicable section of this chapter,
any Village ordinance or state law, constitute grounds for the suspension
or revocation of a contractor's registration permit:
(1)
Acceptance of final payment without issuance of waivers of lien and
contractor's affidavit to the permit holder, which shall be issued
to run with the property.
(2)
Noncompletion of contract before expiration of the permit.
(3)
Allowing insurance policies listed in the permit to lapse or be canceled
without replacement of equal coverage by other policies.
B.
The Village shall not be liable for any financial loss incurred by
any registration permit holder whose permit has been suspended or
revoked in accordance with the terms of this chapter.
No registration permit shall be issued to a person, firm, corporation
or limited liability company whose previous permit has been revoked
for a period of one year from the date of such revocation. Said period
shall be determined by the Building Inspector and established by the
Village Council.
It shall be the absolute duty and irrevocable responsibility
of the permit holder to verify that all permits required by this chapter
are lawfully in effect before proceeding with any work to alter, repair,
add to, subtract from, improve, move, wreck or demolish the whole
or any part of a building structure or any of the appurtenances thereto,
sidewalk, street or pavement.
All automobile and truck service vehicles, except personal vehicles
of employees, used in the performance of any service which requires
registration under the terms of this chapter must clearly display
on both sides of the vehicle the name of the contractor or subcontractor.
Any violation of this chapter shall subject the violator to
a fine of not more than $100 per day of violation. Each day a violation
exists shall constitute a separate offense.
The initial form of application for contractor's registration
and the initial form of contractor's registration permit to be
used in carrying out the purposes of the chapter are those that are
attached hereto and marked Exhibit A and B, respectively, and incorporated
herein by reference. These forms may be subject to modification by
resolution by the Village Council of the Village of Michiana, Michigan.[1]
[1]
Editor's Note: Said forms are on file in the Village offices.
All of the terms, conditions and requirements of the Building
Code of the Village of Michiana, Michigan, adopted and not inconsistent
with this chapter, are to remain in fill force and effect and shall
not be affected by the adoption of this chapter.
