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
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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
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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:
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(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
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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..
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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.