Sec. 29-66. - "Contractor" defined.

For the purposes of this article, the term "contractor" shall mean any person undertaking or doing any work of constructing sidewalks, curbing or gutters.

(Code 1959, § 35-61; Ord. No. 40639, § 1(1), 4-27-72)

Sec. 29-67. - License required.

It shall be unlawful for any contractor to make any excavation or commence or prosecute any such work in any part of any public street, sidewalk or other public place in the city without first obtaining a license therefor. The license shall remain unsuspended and in effect at the time when the excavation or construction for the work is in good faith actually commenced or prosecuted on the ground.

(Code 1959, § 35-61; Ord. No. 40639, § 1(1), 4-27-72)

Sec. 29-68. - Application for license; information required.

Every contractor desiring to engage in the business or occupation of constructing sidewalks, curbing or gutters in public streets or other public places shall make, sign and file with the director -of building inspections an application in writing, requesting the issuance of a license by the city to such contractor authorizing such contractor to engage in such business or occupation. The application shall list each person expected to manage or superintend the performance of the work for the applicant, and shall also state the names of each person owning or holding any financial interest or share of stock in any corporation applying for the license, and for each person so required to be mentioned, application shall also state the experience of the person in such construction work, stating when, how and where, and during what periods such experience was gained, and shall also state whether or not the applicant has duly conformed to all requirements of the city as to all such work theretofore done by applicant in the city and if not, why not.

(Code 1959, § 35-62; Ord. No. 40639, § 1(2), 4-27-72)

Sec. 29-69. - False statements in application for license.

Any false or misleading statement made in any such application for a license required by this article shall be sufficient grounds for the director of building inspections to suspend any license granted thereon.

(Code 1959, § 35-63; Ord. No. 40639, § 1(3), 4-27-72)

Sec. 29-70. - Approval or disapproval of application for license.

Each application for a license required by this division shall, before being so filed, be presented by the applicant to the director of building inspections who shall be authorized to approve it by his signature, or to withhold such approval in the event he be of opinion that sufficient reason exists why such license should not be granted.

(Code 1959, § 35-64; Ord. No. 40639, § 1(4), 4-27-72)

Sec. 29-71. - Appeal from disapproval of license application.

If the application for a license required by this article is not approved by the director of building inspections, the director shall, if requested by the applicant, present the application to the city council which shall fix a date for a hearing of the matter and cause the notice thereof to be given to the applicant. Upon the hearing being had, the city council may either reject the application or approve the same on such conditions as they may order.

(Code 1959, § 35-65; Ord. No. 40639, § 1(5), 4-27-72)

Sec. 29-72. - Issuance of license.

If an application for a license required by this article is approved, the director of building inspections shall, upon payment by the applicant of the required fee and posting of the required bond, issue to the applicant a written license for a period of one (1) year beginning at the first day of January through the last day of December.

(Code 1959, § 35-66; Ord. No. 40639, § 1(6), 4-27-72; Ord. No. 42160, § 1, 5-3-73)

Sec. 29-73. - License not transferable.

A license issued pursuant to this article shall not be transferable, and it shall be unlawful for any contractor to sublet any work without the written consent of the director of building inspections, and then only to another duly licensed contractor.

(Code 1959, § 35-67; Ord. No. 40639, § 1(7), 4-27-72)

Sec. 29-74. - License fee.

For each such license issued, the department of building inspections shall collect, and receive, for the use of the city, a license fee of sixty dollars ($60.00). The fee for issuing a duplicate license for one lost, destroyed or mutilated shall be fifty dollars ($50.00).

(Code 1959, § 35-68; Ord. No. 40639, § 1(8), 4-27-72; Ord. No. 45535, § 9, 7-24-75; Ord. No. 49627, § 22, 7-27-78; Ord. No. 52523, § 16, 7-24-80; Ord. No. 61329, 8-29-85; Ord. No. 2008-09-11-0777G, § 16, 9-11-08)

Cross reference— Fee schedule, § 6-3.

Sec. 29-75. - Implied agreement of applicant or licensee.

Every person making application and receiving a license under this article shall be held to have agreed to perform, observe and comply with all the terms, stipulations, conditions and provisions of this chapter, which provisions shall be and become a part of every contract or agreement for such work which may be hereafter made or entered into by and between a contractor and any property owner.

(Code 1959, § 35-69; Ord. No. 40639, § 1(9), 4-27-72)

Sec. 29-76. - Suspension of license.

In the event any contractor shall fail or refuse to conform to the provisions of this chapter, or fail or refuse to obey the instructions of the director of building inspections or fail or refuse to comply with any provision of any contract made by such contractor consistent with this chapter, or in the event any contractor shall fail or refuse to provide any additional bond when required by this chapter, then the director of building inspections shall be authorized by written notice to such contractor to suspend the license of such contractor, cancel all unexecuted permits issued to such contractor, and stop all work being done by him, and to withhold from him all further permits for such work, until any or all incomplete or defective work of such contractor, or other objection, shall be fully and completely remedied by such contractor, and such suspension set aside by written notice from the director delivered to such contractor, and in case such failure or refusal by contractor be, in the opinion of the director, willful or persistent, the director may decline to set aside such suspension, and such contractor shall, in such case, if he desires to have such suspension set aside, petition the city council therefor, who shall determine such matter after due notice and hearing.

(Code 1959, § 35-70; Ord. No. 40639, § 1(10), 4-27-72)

Sec. 29-77. - Permit for work required.

Before proceeding with any work or placing any materials on the ground by or for any contractor, the contractor shall make, sign and file with the director of building inspections a written application for a permit authorizing the work, which application shall be in such form as may be required by the director. The application shall include the lines, grades and specifications for the work. The director, subject to the provisions of this Code and upon payment of the permit fee, shall issue to such contractor a signed permit in writing which, among other things, shall be dated, name the contractor and property owner, and contain a receipt for the permit fees, and describe the character and location of the work, and authorize such work to be executed as herein provided. The permit shall remain unsuspended and in effect at the time when the excavation or construction work is in good faith actually commenced or prosecuted on the ground.

(Code 1959, § 35-71; Ord. No. 40639, § 1(1), (11), 4-27-72)

Sec. 29-78. - Life of permit.

All work authorized by a permit issued under this article shall be commenced within six (6) months after date of issuance and thereafter continuously prosecuted. Further time will be allowed only if an extension of time be granted by the director of building inspections.

(Code 1959, § 35-72; Ord. No. 40639, § 1(12), 4-27-72)

Sec. 29-79. - Renewal of permit; work to conform to permit.

No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire, the contractor shall apply for and procure a new permit, paying the fee therefor as before, before proceeding with any such work.

(Code 1959, § 35-73; Ord. No. 40639, § 1(13), 4-27-72)

Sec. 29-80. - Fees; refunds.

(a)

The fees for permits and inspections coming within the terms of this article shall be as follows:

(1)

Sidewalks, nine cents ($0.09) per square foot.

(2)

Curbing, nine cents ($0.09) per running foot.

(3)

Gutters, eight cents ($0.08) per running foot.

(4)

Combined curbs and gutters, eight cents ($0.08) per running foot.

(5)

Reinspections, twenty-five dollars ($25.00).

(b)

No permit shall be issued for less than a fee of one dollar ($1.00) in any case based on the work authorized, and the fee in each case shall be paid to the director of development services upon issuance of the permit.

(c)

The director of development services shall keep, or cause to be kept, as a record of his office, a copy of each permit and receipt issued.

(d)

If a job for which a permit has been issued under this article is not started, the permittee may apply for a refund of said permit fee to the director of finance within one hundred eighty (180) days of the date of the issuance of said permit. The director of finance will forward such application with a recommendation to the city manager for approval. The city manager may authorize the refund of any portion of the permit fee; however, in every such case the city shall retain not less than five dollars ($5.00) of the permit fee.

(Code 1959, §§ 35-74, 35-61; Ord. No. 40639, § 1(14), 4-27-72; Ord. No. 45545, § 20, 7-24-75; Ord. No. 45565, § 6, 8-7-75; Ord. No. 49627, § 17, 7-27-78; Ord. No. 59311, § 9, 9-4-84; Ord. No. 61329, 8-29-85; Ord. No. 76463, § 11, 9-10-92; Ord. No. 2008-09-11-0777G, § 16, 9-11-08)

Sec. 29-81. - Bond required.

A good and sufficient bond shall be filed with the application for the license required by this article, executed by a bonding company, which bond shall be approved by the director as to form and sufficiency and shall be in the sum of not less than two thousand dollars ($2,000.00). The bond shall be conditioned, among other things, that the contractor shall faithfully, at his own cost and expense, furnish all proper materials, tools and appliances, and perform, execute, construct and complete all such work undertaken by such contractor, and observe and comply with the specifications, requirements and provisions of this chapter. The bond shall remain in effect at the time when excavation or construction for the work is in good faith actually commenced or prosecuted on the ground.

(Code 1959, § 35-75; Ord. No. 40639, § 1(1), (15), 4-27-72)

Sec. 29-82. - Maintenance provisions in bond.

(a)

Every contractor licensed under this article shall be bound and obligated to construct all work, and use such materials in the construction thereof, so that the same shall be and remain for and during a period of not less than one (1) year from and after the date of completion in good, sound, smooth and serviceable condition and free from all cracks, breaks, disintegration, undue wear, scaling or departures from true line or grade, or other defects which might impair the permanence or usefulness of the work; however, such cracks as may appear in expansion joints, or cuts between blocks, shall not be deemed to be defects unless in the opinion of the director of building inspections such cracks are excessive in opening or deflection of surface.

(b)

Each such bond issued pursuant to this article shall continue in effect for and during the maintenance period of one (1) year as to all work constructed or commenced in good faith on the ground during the period of the license in connection with which the bond may be given.

(Code 1959, §§ 35-76, 35-77; Ord. No. 40639, § 1(16), (17), 4-27-72)

Sec. 29-83. - Withdrawal of surety on bond.

On written notice to the director of building inspections and the contractor, any surety on a bond issued pursuant to this article may withdraw from all liability thereon on account of any and all further work undertaken by the contractor for which excavation or construction was not in good faith actually begun on the ground before the delivery of the notice, and after receipt of the notice the contractor shall not begin any new work unless and until the contractor shall provide and procure the approval of a new bond in the same manner as required for the first bond.

(Code 1959, § 35-79; Ord. No. 40639, § 1(19), 4-27-72)

Sec. 29-84. - When additional security required.

If the director of building inspections shall be of opinion at any time and on any reasonable grounds that the solvency of or financial responsibility on any bond of any contractor is or may be insufficient or materially reduced by actual or possible claims, then the director may make written demand on such contractor for an additional bond which shall be of corresponding amount, form and sufficiency, and thereupon such contractor shall immediately furnish such additional bond. The previous bond shall not be held to cover any work not actually begun as aforesaid, before the date of such new bond, but all work begun after such date shall be covered by such new bond.

(Code 1959, § 35-78; Ord. No. 40639, § 1(18), 4-27-72)

Sec. 29-85. - Decision of director binding on contractor and sureties.

In any question as to when any work was actually begun, the decision of the director of building inspections shall be conclusive on the contractor and the sureties on all such bonds.

(Code 1959, § 35-80; Ord. No. 40639, § 1(20), 4-27-72)

Sec. 29-86. - Removal and reconstruction where work defective.

All construction work in the streets, sidewalks and public places of the city is declared to be wholly subject to the exclusive control of the city, and whenever, in the opinion of the director of building inspections, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or materials or because not true to the lines or grades or specifications therefor given to him by the city engineer, then upon written demand or notice from the director, such contractor shall promptly remedy, complete or remove and reconstruct such incomplete or defective work all as the director may require, and these provisions shall also comprehend and apply to all repair and maintenance work. If the contractor shall fail or refuse so to do within a reasonable time to be specified by the director of building inspections, then, if the director shall so order, such work shall be completed or corrected or removed and wholly or partially reconstructed by the city, or its instance, in such manner as in the opinion of the director may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the provision of this chapter and the direction of the director.

(Code 1959, § 35-81; Ord. No. 40639, § 1(21), 4-27-72)

Sec. 29-87. - Liability of contractor and sureties for defective work.

A contractor whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director of building inspections, pay to the city, on its order, the cost of the work for all of which the sureties on the contractor's bond shall be liable as such sureties.

(Code 1959, § 35-82; Ord. No. 40639, § 1(22), 4-27-72)

Sec. 29-88. - Liability of contractor and sureties for maintenance and repair work.

If any defects develop during the one (1) year guaranty period established by this article which, in the opinion of the director of building inspections, are due in any measure to defects of workmanship or material, such contractor shall remedy, repair or reconstruct such work, or any part thereof, as may be required by the director, and such work shall be known as maintenance or repair work and the sureties or contractor's bond shall be fully liable for any default of such contractor under this section.

(Code 1959, § 35-83; Ord. No. 40639, § 1(23), 4-27-72)

Sec. 29-89. - Duty to barricade, light, etc.

At all times during which any work under a contract coming within the provisions of this article is being performed and until the work is completed and accepted, the contractor shall place and maintain all necessary and proper barriers and other safeguards, including watchmen, if necessary, upon and around the work for the prevention of accidents, and at night shall place, maintain and keep suitable and sufficient lights.

(Code 1959, § 35-84; Ord. No. 40639, § 1(24), 4-27-72)

Sec. 29-90. - Indemnification of city for accident.

A contractor doing work pursuant to this article shall indemnify and save harmless the city from and against any and all actions and claims, and against all costs, damages and expenses to which the city may be put by reason of any injury or alleged injury to any person or property, resulting or alleged to result from or to be occasioned by any act, negligence, carelessness or want of skill in connection with or in the conduct of any of said work or in guarding such work, or from any improper methods, tools, implements or materials used in its prosecution, or by or on account of any alleged act or omission whatever of such contractor or his agent, employees or servants, or of any assignee or subcontractor or his agents, employees or servants. Such contractor and his bondsmen shall well and truly make payment of any and all sums so recovered against the city in any suit on account of such injuries to which the city may be made a party, together with all such costs, damages and expenses as may be suffered by the city, all in such manner as to save the city whole and harmless from all such actions or claims.

(Code 1959, § 35-85; Ord. No. 40639, § 1(25), 4-27-72).

Sec. 29-91. - Actions on bond by property owner.

Whenever the director of building inspections shall declare in writing that a contractor has failed or refused to construct and complete any such work in conformity with this chapter, either the city or any contracting property owner injured on the contract may sue and recover his damages on the bond required by this article.

(Code 1959, § 35-86; Ord. No. 40639, § 1(26), 4-27-72)

Secs. 29-92—29-105. - Reserved.