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HomeMy WebLinkAbout0166NORDINANCE NO., 166 (NEW SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO PROVIDING FOR THE REGISTRATION OF CONTRACT- ORS, FIXING THE FEES THEREFOR AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED by the. Council of the City of San Luis Obispo, . as follows: Section I. It shall-be unlawful for any persoh, firm, co- partnership, corporation, association or other organization, or any combination thereof, to engage in the business or act in the capacity of contractor within the City of San Luis Obispo,. without having complied with the regulations of this ordinance.. Section 2a. CONTRACTOR DEFIlaD. A. contractor within the meaning of this ordinance is a person,. firm,, copartnership, cor- poration,. association, or other organization, or any combination of any thereof, who for either a fixed sum,: price, fee, perdent- a.ge, or other compensation,. other than wages,, undertakes or offers to undertake with another, or purports to have the capacity to undertake with another, to construct,, alter,, repair, add to, or improve any building, highway,, road, railroad, excatration or other structure, project, development, or improvement, other than to personalty, or to do any part thereof; provided, that the term contractor as used in this ordinance, shall include sub — contractor, and shall include any owner or person who engages in the business of constructing, remodelling or adding to a building by employing day labor unless such building is to be used as a place of residence of said owner, or is a building used in connection with the place of residence of said owner, but shall not include anyone who merely furnishes materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the contractor herein defined; and shall not include any owner who does all of his own work. b. CLASSIFICATION. For the purpose of thin ordinance, contractors shall be divided into the following classes:. 1. e , Class "A," contractors shall include all contractors-engaged in the business of constructing street improvements of any valua- tion whatever under the provisions of any street improvement act. And shall include all contractors engaged in the business of con- structing or remodelling buildings or improvements where the amount involved is over x$40,000.00. Class "B" contractors shall include. all contractors engaged in the business; of constructing or remodelling buildings or improve- ments where the amount involved is between $2.0,000.00 and $40,000.00. Class "C ",contractors shall include all contractors engaged in the business of constructing or remodelling buildings or improvements where the amount involved. is between $$10,000.00 and $20,000.00. Class "D"- contractors shall include all contractors- engaged in the business of constructing or remodelling buildings or im- provements where the amount involved is between x$2,000.00 and $10,000.00. Class "E "' contractors shall include all. contractors engaged in the business of constructing or remodelling buildings or improvements where the amount involved is between $200..00 and $2,000.00. Class "F" contractors shall include all contractors engaged in the business of constructing or remodelling buildings or im- provements where the amount involved is $200.00 or Less. c. No..person shall be deemed a contractor under the pro- visions of this ordinance who furnishes no labor save his own,. and who furnishes no material, in the performance of any con- tract; provided,. however,., that any person who furnishes no material and no labor save his own in the performance of any contract, shall file with the City Clerk a sworn affidavit stating that he is not a contractor within the meaning of this ordinance and that he does not furnish any labor aave.his own or any 2... y z: material. in the performance of any contract, together with an agreement that in the event such person engages, in business as a contractor within the meaning of this ordinance,, he will promptly conply with all. of the provisions of this ordinance. Section 3. APPLICATION FOR REGISTRATION.. To obtain registration under this ordinance, the applicant shall first sub - mit to the City Council a duly verified application stating the general nature of the contracting business, the amount involved in the contracts usually undertaken,. the names and addresses of all parties interested in the said business and such other infor- mation as may be required by the City Council. Said application shall be accompanied by the following fees• For registration For registration For registration For registration For registration For registration as a Class as a Class as a Class as a Class as a Class as a Class ttAtt: "B" etc it "D it "E ". "F tt: contractor contractor contractor contractor contractor contractor the the the the the the s UM sum sum sum sum sum of $150.00; of $1.00.00; Of 50.00.•, of $ 25.00.; of 15.00.; of 10.00.. Section 4. BOND. Every contractor,. before he shall be permitted to register under the terms of this ordinance,. shall_ furnish a surety bond approved by the City Council and file same with the City Clerk. Said bonds shall be in the sum as follows:: Class "A" contractors $5,000.00 Class "Btt' contractors $3,000.00. Class "C""contractors- $2,000.00 Class ''D" contractors $1,000.00 Class "E "° and "Ftt contractors p 500.00. The condition of said bond shall be that the principal shall faithfully perform all work entered upon or contracted for in conformity with the terms and provisions of all ordinances of the City of San Luis Obispo, as said ordinances now are or may 3. be hereafter enacted or amended,, which in any way regulate the work as entered upon or contracted for. Also,, that the principal shall without additional charge, rertedy any defect due to faulty workmanship, incorrect construction and/or defective or unapproved materialb. devises, appliances, and the like, installed,; furnished,. or used by said principal or his agent or employee, to the satisfaction of the building Inspector of the. City of San Luis Obispo, within 15 days after notice. thereof is given to said principal by said Building Inspector. Also, that the said principal and surety company expressly agree that the City of San.Luis Obispo may, for itself or for the use and benefit of any person injured or damaged by reason of the failure of the said principal to comply with the provisions of said. bond,, sue and i.:aintain an action at law on the said bond, in any court having jurisdiction there of . Section 5. REGISTRATION CERTIFICATE. Upon receipt of said application, fee and bond, the City Council,. upon being satisfied that the applicant is a proper person or firm to be registered as a contractor, shall issue. a registration certificate permitting the applicant to engage in business as a contractor in the City of San Luis Obispo The certificate issued under this ordinance shall be signed by the applicant therefor,, shall be non— transferable and shall be valid for one year from the date of its issue. Section 6. STATE LICENSE REQUIRED. Except in the case of Class "FO contractors, before being entitled to be registered as such,. a contractor shall first produce a valid license showing that said applicant is duly registered with the Director of Professional and Vocational Standards of the State of California. Section 7. REGISTRATION MAY BE REVOKED. The certificate of any contractor registered under this ordinance may be cancelled by the City Council upon receiving proof that such contractor is guilty of one or more of the following acts or omissions: 4.. (1) Cancellation or expiration of State Toicense ;. (2) Abandonment of any contract without legal excuse ;. (3) Diversion of funds or property received under express. agreement, for prosecution or completion of a specific contract under this ordinance, or for a specified. purpose in the. prosecution or completion of any contract, and their application or use for any other contract, obligation or purpose with intent to defraud or deceive creditors or the owner. (4) Fraudulent departure from,, or disregard of plans or specifications in any material respect,. without consent of the owner or his duly authorized representative,, or the doing of any wilfull, fraudulent att by the. contractor in consequence of which another is :substantially injured.. (5) Wi1full and deliberate disregard and violation of the Building Code of .the City of San Luis Obispo, or of the safety laws- or labor laws of the State,, or incompetence as a contractor. When any certificate of registration is revoked.,, notice thereof shall be given.to the contractor by mailing a notice to him at his last known post office address.. After cancellation of a certificate of registration such registration shall_ not be renewed or re— issued within a period. of one year after final determination of cancellation.and then only on proper showing that all loss- caused by the act or omission for which the registration was cancelled has been fully satisfied. Section 8. CHANGE IN CLASSIFICATION. Where a contractor has been registered in a particular class and thereafter,, at any time during the year for which his registration certificate has, been issued,_ enter upon a contract which would place him in a higher class than the one in which he is then registered,. such contractor shall immediately file a new application for registra tion and shall fully comply with all the provisions of this ordin- ance. The pro —rata unearned portion of any fee for registration 5.. theretofor paid shall be credited upon the required fee for such new registration.; Section 9. Where a contractor has paid the license fee for the year 1932 required by Ordinance ho. 76. (New Series)., of the City of San Luis Obispo, the pro —rata unearned. portion of such payment shall be credited upon the registration fee required by this ordinance. Section 10., PENALTIES.. Any person,, firm, co— partnership, corporation, association,, or other organization,. acting in the capacity of contractor within the meaning of this ordinance,. with- out a certificate of registration as herein provided, shall upon conviction thereof, if a person, be punished by a fine of not to exceed $500.00 or by imprisonment in the County Jail. for a term not to exceed six months,. or by both such fine and imprisonment, in the discretion of the Court. The same penalties shall apply, upon conviction to any member of a co— partnership, or to any construction, managing or directing officer of any organization consenting to,, participating in, or aiding or abetting any such violation of this act.. Section 11. Section 24 of Ordinance No. 76 (New Series). of the City of San Luis Obispo,, and all ordinances and parts of ordinances in conflict herewith are hereby repealled.. INTRODUCED AND PASSED TO PRINT this ls.t day of August , 1932, . by the following voter AYESSJos.B. Berkemeyer,John Chapek,H.E.Cox,h.,J..Def osset,L.F.Sinsheimer VOES: None ABSENTS None V,ayor Sinsheimer ATTESTr City Clerk.. 6. f V 1 2inally pa.s�ed this 7th clay of November,' 1932-, by- th-a':iollotrin ?rote: .!dyes J.B.Berkemeyer, John Cha.pek, H.2].Cox, Z.J.Deio:;set, ,.F. Sinsheimer. rro eS : ':Toile. _absent : 'Tone. if. . -Iinsheimer, I1a,yor Attest: city Cl -rh.