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; Ordinance 2024-O0034 adopted 3/26/2024)
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; Ordinance 2024-O0034 adopted 3/26/2024)
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 section
28.05.194(1) of this code. 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; Ordinance 2024-O0034 adopted 3/26/2024)
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.
(1983 Code, sec. 6-38.4; Ordinance 2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
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; Ordinance 2024-O0034 adopted 3/26/2024)