If the building official determines that a general contractor, subcontractor, owner or builder is in violation of articles 28.01 through 28.08 of this chapter, then, in addition to all other civil or criminal remedies available, he may terminate the master building permit and/or the subject electrical, plumbing, or mechanical trade permits for that project. Notice of such permit termination shall be given by issuance of a stop work order stating the reason for the termination, that the permits are thereby terminated, and ordering work under the terminated permits to immediately cease.
(1983 Code, sec. 6-38.1; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Any general contractor, subcontractor, owner or builder who
has had a permit so terminated may immediately request a hearing concerning
such termination before the building official. The building official
shall convene the hearing within five (5) days of receipt of a written
request.
(1983 Code, sec. 6-38.2; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
Subsequent to the requested hearing, if the building official
has upheld the termination of permits, his decision may be appealed
to the permit and license appeals board as follows:
(1)
A written request for appeal must be made to the board within five
(5) days of the date on which the building official rendered his decision.
(2)
The board will hear the appeal at their next regularly scheduled
meeting, provided that the written request for appeal is received
by the building official and forwarded to the board's staff representative
within sufficient time prior to the next meeting of the board.
(3)
While the appeal is pending, work may continue under the terminated
permit if a refundable deposit has been left with the building department
in the amount of the applicable permit renewal fee set out in subsection
(f) below [sic]. This shall not be construed as permission to continue
violating the applicable licensing laws originally giving rise to
the termination of the permits in question; to do so constitutes a
separate offense.
(4)
The hearing before the board shall be conducted in accordance with the procedures set out in section 2.03.077 of the Code of Ordinances of the City of Lubbock, Texas.
(5)
The burden of proof shall be on the person appealing to show that
the permit should not have been terminated and that a permit renewal
fee should not therefore be required.
(6)
The decision of the board on any appeal taken under this section
shall be final and binding with respect to the specific case before
it.
(7)
If it is determined, either by the building official in the initial
hearing or the appellate board subsequent to appeal, that plumbing,
mechanical or electrical permits were properly terminated for violation
of applicable licensing laws, the offending plumbing, mechanical or
electrical subcontractor shall not be allowed to renew his permit
with respect to the subject project.
(1983 Code, sec. 6-38.3; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
A permit terminated under this division shall only be renewed
as follows:
(1)
For subcontractor trade permits, the builder/general contractor or
owner, as applicable, shall submit a statement to the building official
identifying who the new subcontractor(s) will be, and shall provide
a copy of the signed subcontracts. The building official may then
renew the terminated permit(s) in the name of the new subcontractor(s)
for a minimum fee of one hundred dollars ($100.00) each or 200% of
the original permit fees, whichever is greater. The refundable deposit
as required above may be applied in payment of such fees. For master
building permits that have been terminated due to the violation of
licensing laws by any subcontractor, such permits may be reissued
to the original owner or contractor, as applicable.
(2)
The building official may require and shall receive, prior to issuance
of any renewal permit, proof of contractor's or subcontractor's registrations,
licenses, insurances and bonds, as well as signed contracts to substantiate
the qualification of persons performing any construction, plumbing,
electrical or mechanical work within the City of Lubbock.
(1983 Code, sec. 6-38.4; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005)
The building official is authorized to suspend or revoke a permit
issued under the provisions of this code wherever the permit is issued
in error or on the basis of incorrect, inaccurate or incomplete information,
or in violation of any ordinance or regulation or any of the provisions
of this code.
(1983 Code, sec. 6-51; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
