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HomeMy WebLinkAboutordinance.council.023-70ORDINANCE NO. ~ (Series of 1970) AN ORDINANCE AMENDING SECTIONS 6 AND 7 OF CHAPTER 3, TITLE V OF THE OFFICIAL CODE OF THE CITY OF ASPEN, AND COMBINING SAID SECTIONS, RE-ESTABLISHING EXAMINATION STANDARDS AND PROCEDURES FOR THE BOARD OF APPEALS AND EXAMINERS. WHEREAS, The City Council of the City of Aspen desires the Board of Appeals and Examiners to consider and review the financial and moral responsibility of the epplicants for licenses for protection of the public health, welfare and safety of the people of the City of Aspen. AND WHEREAS, it is necessary to revise the membership and terms of the office of the Board of Appeals and Examiners to comply with the Home Rule Charter of the City of Aspen. NOW THEREFORE, be it ordained by the City Council of the City of Aspen: Section 1: Section 6 and Section 7 of Chapter 3, Title V of the Municipal Code of the City of Aspen are hereby repealed and reinacted in one section as follows: "5-3-6 LICENSES: EXAMINATION PROCEDURES AND STANDARDS: (a) The Board of Appeals and Examiners~shall review applicants for licenses issued here- under and the standards to be applied in the conduct of such review shall be the protection of the public health, welfare and public safety of the people of the City of Aspen, so that those who are recommended to be licensed under this Chapter are financially and morally responsible and qualified in terms of their skills, knowledge, practical experience and knowledge to contract for or to do the work for which they seek to be licensed. Applicants who are so qualified shall be licensed as provided herein. (b) The Board of Appeals and Examiners may at its discretion set standards for its examining requirements so long as they do not conflict with any provisions of this Chapter. The Board of Appeals and Examiners may before approving any application for a license, require the applicant to take a written or oral examination. The Board of Appeals and Examiners shall limit its examination requirements to areas as may be applicable to the license being sought. - 2 - If other licenses or lawful requirements are imposed upon the applicant by other ordinances of the City of Aspen, or laws of the State of Colorado, such prerequisites shall be deemed prerequisites to the issuance of a license hereunder. Licenses shall be required by all types of work hereinafter specified in this Chapter. Applicantions for contractors' licenses shall be on such forms and shall furnish such information as the Board may prescribe, and shall be accompanied by an exam- ination fee of ten dollars. Examinations shall be given at reasonable intervals. If in the opinion of a majority of the Board, the applicant is qualified by training or experience and is financially and morally responsible to fulfill the obligation of a contractor, it shall direct the Building Official to issue the applicant a license, upon payment of the annual fee pre- scribed in this chapter. Each annual fee shall be in addition to the examination fee. No permits shall be issued to any contractor who has not first obtained a license as required in this Code or who is delinquent in the payment of his annual fee, or whose license has been suspended or revoked by action of the licensing board. The Building Official may, at his discretion, issue temporary permits to contractors licensed in other cities whose applications have been filed pending action of the Board, providing the full first year's license fee and insurance certif- icates are deposited with him. Such temporary permits may be revoked if the application for a license is denied by the Board. On any work requiring a licensed contractor, permits shall be issued only to the contractor or to his authorized representative. At the time application is made for examination and before a license can be issued, the contractor shall file with the Building Official a certificate signed by a qualified agent of an insurance company stating that the policy or policies required in this Code have been issued to the licensee for employees' liability insurance or workmen's compensation insurance, public liability insurance and public property damage insurance; the minimum limits of each, the policy number or numbers; the name of the company, the effective date of such policies, and the expiration date of such policies, together with a statement and a copy of an endorsement placed on such policy or policies requiring ten days' written notice by registered mail to the Building Official, if it becomes necessary to cancel the policy or policies, for any reason. - 3 - A contractor shall be respon- sible for all work included in his contract, whether or not such work is done by him directly or by a sub-contractor. He shall be responsible for all funds or property received by him for prosecution or completion of a specific contract or for a specific purpose. Ail licenses enumerated herein shall be issued in accordance with the terms and provisions of this Code and shall be subject to the supervisory clauses con- tained in this Chapter. The respective licensee's rights to do business shall be dependent upon the continued retention of the examinee in active full-time capacity. Whenever a licensee terminates his connection or otherwise becomes inactive the licensee shall immediately notify the Building Official. There shall be a 30-day grace period in order to acquire a proper examinee before complete termination of the license and re-exam- ination before the Board. (c) Enforcement. Except as to those licensing matters wholly within the province of the City Council, the Building Inspector shall enforce and execute all decisions and orders of the Board of Appeals and Examiners. (d) Judicial Review. Within thirty (30! days after the entry of any decision or order of the Board of Appeals and examiners, any person, firm or corpor- ation who is aggrieved by such decision or order may seek to review the same in a court of record of competent jurisdiction. Review shall not be extended further than to determine whether the Board of Appeals and Examiners has exceeded its jurisdiction or abused its discretion." Section 2: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or application, and to this end the provisions of this ordinance are declared to be severable. Section 3: ~A~public hearing on the ordinance shall be held at ~ ~.~.o ~//~?~ at ~.~.'c~ P.M. in the City Council Chambers,' Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular ~eet~ng held at the City of AspeN, ont~ ~..~d~ day of ..~~ , 1970. / .' ~ ATTEST: CITY CLERK - 4 ~FIN~LL~Y adopted, passed and approved on the o~ r~~ , ~7o. ~ ~OR ,.~.~.-~ ~ ATTEST: CITY CLERK day STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, do hereby certify that the introduced, read by title, reading at a__ regular the City of Aspen on Colorado, above and foregoing ordinance was and passed on first meeting of the City Council of September28 , 197 0, and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue 0ctobar 1 , 197Q approved at a regular on October 14 Ordinance No. 23 , provided by law. .. , and was finally adopted and meeting of the City Council and ordered published as Series of 197 0 , of said City, as , 197 0, IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City of Aspen, Colorado, this 14th day of October , 197 0 the SEAL ~- ~aine Graves, City Clerk Effective October 27, 1970