[Ord. No. 10540, 12-20-2018]
No contractor or builder engaged in work requiring City permits,
including arboricultural work, shall do business within the City until
such contractor shall obtain a contractor's business license from
the City. "Contractor" shall include sign erectors, general contractors,
electrical contractors, mechanical contractors, plumbing contractors,
and other businesses performing work within the City which require
a permit from the Building Commissioner. "Arboricultural contractors"
shall include any person or entity for hire; performing pruning, removals,
cutting, spraying, injecting, protection, appraisals, or assessments
requiring a permit from the Building Commissioner or Urban Forester.
[Ord. No. 8827, 7-1-1999]
The foregoing provision does not apply to any person who performs
labor or services for a salary or wages as an employee, nor to any
person who is performing labor or services for a salary or wages as
an employee, nor to any person who is performing labor or services
with respect to property owned and such property has been or will
be occupied by such person for a minimum of one year from the date
construction commences.
Application for such business license shall be on a form prescribed
by the Building Commissioner and shall, among other information as
may be required by the Building Commissioner, require the following
information:
[Ord. No. 10492, 6-7-2018; Ord. No. 10540, 12-20-2018]
A contractor's business license, allowing the name holder to
perform contracting in the City of Kirkwood, shall be issued by the
Building Commissioner upon:
(a)
Payment of a fee as set by the Council by resolution from time to
time; and
(b)
Receipt of an original certificate of insurance issued to the City
of Kirkwood certifying the contractor has coverage as follows:
|
Workers Compensation
(if more than one employee)
|
State Requirements
|
|---|---|
|
General commercial liability, per occurrence
|
$300,000
|
|
Products/completed operations, aggregate
|
$300,000
|
(c)
Review by the Building Commissioner that the applicant has not committed
any act defined herein as a prohibited act or unlawful act.
(d)
An arboricultural contractor's business license, allowing the name
holder to perform contracting in the City of Kirkwood, shall be issued
by the Building Commissioner upon:
(1)
Payment of a fee of $50; and
(2)
Receipt of an original certificate of insurance issued to the
City of Kirkwood certifying the contractor has coverage as follows:
|
Workers Compensation
(if more than one employee)
|
State Requirements
|
|---|---|
|
General commercial liability, per occurrence
|
$2,000,000
|
|
Products/completed operations, aggregate
|
$1,000,000
|
(3)
Certificate of professional accreditation from the International
Society of Arboriculture; and
(4)
Review by the Building Commissioner that the applicant has not
committed any act defined herein as a prohibited act or unlawful act.
[Ord. No. 9468, § 1, 3-17-2005]
The contractor's business license shall be valid for a term
of one year from the date of issuance, except that the license shall
be revoked at the expiration date of any of the required insurance
coverage.
The following acts are hereby determined to be "prohibited acts"
as that term is used herein:
(a)
Abandonment or willful failure to perform without justification any
home improvement contract or project engaged in or undertaken by a
contractor, or willful deviation from or disregard of plans or specifications
in any material respect without the consent of the owner and approval
of appropriate regulating agency.
(b)
Making any substantial misrepresentation in the solicitation or procurement
of a home improvement contract, or making any false promise of a character
likely to influence, persuade, or induce.
(c)
Committing any fraud in the execution of or in the material alteration
of any contract, mortgage, promissory note, or other document incident
to a home improvement transaction.
(d)
Preparing or accepting any mortgage, promissory note, or other evidence
of indebtedness upon the obligations of a home improvement transaction
with knowledge that it recites a greater monetary obligation than
the agreed consideration for the home improvement work.
(e)
Willful or deliberate disregard and violations of the building, plumbing,
electrical, sanitary, fire and health ordinances of the City of Kirkwood
or failure to abate violations of these ordinances.
(f)
Failure to notify the Building Commissioner of any change or control
in ownership, management, or business name or location.
(g)
Conducting a contracting or building business in any name other than
the one under which the contractor is licensed.
(h)
Willful failure to comply with any order, demand, rule, regulation,
or requirement made by the Building Commissioner pursuant to the provisions
of the City of Kirkwood Code of Ordinances.
(i)
Promise or offer to pay, credit, or allow to a buyer any compensation
or reward for the procurement of a home improvement contract with
others.
The following acts shall be deemed an "unlawful act" as that
term is used herein:
Upon a finding of the Building Commissioner that any licensed
contractor or builder has committed any act defined herein as a prohibited
act or unlawful act, the Building Commissioner may issue a notice
of revocation. Such notice shall indicate that unless a hearing is
sought as provided below, the license of such contractor or builder
shall be revoked within 30 days of the date of such notice.
Any contractor or builder who shall receive a notice of revocation
or any contractor or builder whose application for a license has been
rejected by the Building Commissioner shall be entitled to a hearing.
Such contractor shall request such a hearing in writing with the Building
Commissioner within 30 days of the date of the notice of such revocation
or rejection. If such a hearing is requested, the Building Commissioner
shall set a time and place within 30 days. The Building Commissioner
shall conduct the hearing. Any party may be represented by counsel.
After hearing all parties and evidence, the Building Commissioner
may affirm, reverse, or modify his decision.
The commission of any of the acts described herein as prohibited acts or unlawful acts shall be deemed to be violations of the City of Kirkwood Code of Ordinances, subject to the penalty provisions set forth in § 1-8 of the City of Kirkwood Code of Ordinances.
[Ord. No. 8200, 4-15-1993]
Any person who shall engage in the conducting of any contracting or building business without obtaining a license herein shall be deemed to be in violation of the City of Kirkwood Code of Ordinances, subject to the penalty provisions set forth in § 1-8 of the City of Kirkwood Code of Ordinances.
