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HomeMy WebLinkAboutOrdinance No. 2001-16-E ORDINANCE NO. E2001-16 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, REQUIRING REGISTRATION AND LICENSING OF PROVIDERS OF BUILDING AND REPAIR SERVICES; PROVIDING FOR A FEE FOR SUCH REGISTRATION AND LICENSING; PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 PER DAY OF VIOLATION HEREOF; DECLARING AN EMERGENCY; AND PROVIDING FOR SEVERABILITY. * � � :� * � � * � WHEREAS, citizens of the City of Friendswood have experienced substantial damage and destruction to property as a result of floods caused by Tropical Storm Allison between June 5`h and June lOt'', 2001, such damage and destruction being of such magnitude as to earn State and Federal disaster area designation; and WHEREAS, such damage and destruction has left a significant number of citizens in need of demolition, repair, or reconstruction of their homes and businesses; and WHEREAS, the City Council hereby finds and determines that the public is at risk from unscrupulous contractors and other repair services providers, scams, and other unconscionable activities related to the demolition, repair, or reconstruction of buildings and other structures damaged during such disaster; and WHEREAS, the City Council hereby further finds and determines that public health, safety and welfare requires the enactment of emergency measures to require persons, firms, partnerships, corporations and other entities who provide demolition, repair and reconstruction and related services to register and obtain a prior to the conducting of such activities within the limits of the City of Friendswood during the period of recovery from such disaster; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. No person, firm, partnership, corporation or other entity shall engage in, undertake or carry on any business in whole or in part within the corporate limits of the City of Friendswood, Texas, consisting of or related to the demolition, repair or renovation of, or the making of improvements to, real property, including dwellings, homes, buildings, structures, or any fixtures attached thereto, without having registered with and received from the City of Friendswood a building contractors license. Section 2. Definitions. For purposes of this ordinance, the following terms and meanings shall have the meanings ascribed thereto: (1) Building Contractor. Any person, firm, partnership, corporation or other entity engaged in, undertaking, or carrying on any business consisting of or related to the demolition, repair, or renovation of any building or structure, including any fixtures attached thereto. (2) Doing business. Any building contractor shall be deemed to be "doing business" or engaged in business and thus subject to the requirements of this ordinance if he has an office, agency, project site or place of business located within the corporate limits of the City of Friendswood, or when he operates or maintains a business, either temporary, periodically, or otherwise, in the city, expressly including but not limited to the demolition, repair, or renovation of any building or structure, including any fixtures attached thereto. Section 3. It shall be unlawful for any building contractors to do business in the City of Friendswood without having first registered with the City and received a building contractors license. Registrants/applicants shall register and file applications with the City Manager or his designee at City Hall. Such registration/application form shall include the name of the building contractor, the principal office address (not a P.O. box), the name, address, and phone number(s) of an individual who will be available to respond to questions or complaints, proof of comprehensive general liability insurance with minimum limits of$300,000 per occurrence, and such other information as the City Manager deems necessary and appropriate for the proper identification and location of such applicant/registrant. Required policies of insurance shall be issued by a carrier duly authorized to write such coverage in Texas, and must also contain a completed operations endorsement. An applicant shall, under oath, provide the City Manger with a statement describing the general nature of the business to be conducted and give true and correct infortnation as may be called for on the registration form, application or certificate provided by the City. Contractors who are already registered with the City shall only be required to provide proof of insurance as described herein, and are not required to submit a new form or registration fee. Section 4. Building contractor license fees are hereby fixed under the terms and conditions of this Ordinance at $100.00, said amount representing the administrative cost to the City for processing such applications and issuing necessary license certificates. License fees shall be paid in full at the time of issuance of the license. Section 5. Each license issued pursuant hereto shall be personal to the applicant/registrant, and may not be transferred to any other building contractor. Section 6. A true and corre��t copy of each license issued hereunder shall be carried by every person operating pursuant to such licensee within the City, and shall be exhibited to any authorized enforcement officer when so requested. Section 7. Each license granted under this ordinance is a permit to engage in the business for which such license is granted while and only during such period said business is conducted in a lawful manner. The City hereby reserves the right to revoke or suspend any license which has been granted hereunder, if the licensee, or the licensee's agent or employee acting within the scope of his employment, violates this ordinance or any other city, state, or federal law. If after issuance of a license, the City Manager receives evidence that such business is not being conducted in a lawful manner, he shall, prior to revocation of such license, give written notice thereof to the licensee, which notice shall specify the violation with which the licensee is charged and a date, time and place at which a hearing before the City Manager shall be held with regard to the violation. The licensee shall have an opportunity to be heard at such hearing, shall have the right to be represented by counsel, and shall have the right to introduce and submit evidence in opposition to such revocation. Section 8. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and,upon conviction, shall be fined in an amount not to exceed$2,000. Each day of violation shall constitute a separate offense. Section 9. In the event any clause phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstances shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional,whether there be one or more parts. Section 10. The City Council of Friendswood hereby declares that a state of emergency exists, and that in accordance with §3.11(b) and 3.12 of the City Charter, this ordinance is passed as an emergency ordinance, and shall take effect immediately upon passage. PASSED, APPROVED AND ADOPTED this 18th day of June, 2001. Harold L. Whitaker Mayor ATTEST: S D loris McKenzie, T C City Secretary