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Legislation #: 910287 Introduction Date: 3/14/1991
Type: Ordinance Effective Date: 4/7/1991
Sponsor: None
Title: Amending Section 9.10.109, Code of General Ordinances, entitled "Validity of License", and Section 9.10.110, Code of General Ordinances, entitled "Suspension or Revocation of License" by deleting references to the Commissioner of Revenue, and assigning licensing responsibilities to the Director of Codes Administration.

Legislation History
DateMinutesDescription
3/13/1991

Prepare to Introduce

3/14/1991

Referred Audit And Operations Committee

3/20/1991

Do Pass

3/21/1991

Assigned to Third Read Calendar

3/28/1991

Passed


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ORDINANCE NO. 910287

 

Amending Section 9.10.109, Code of General Ordinances, entitled "Validity of License", and Section 9.10.110, Code of General Ordinances, entitled "Suspension or Revocation of License" by deleting references to the Commissioner of Revenue, and assigning licensing responsibilities to the Director of Codes Administration.

 

..P

WHEREAS, on February 26, 1991, the voters of the City of Kansas City amended Section 84 of the City Charter to remove from the mandatory duties of the Commissioner of Revenue the issuing of licenses required by the Building Code; and

 

WHEREAS, to eliminate duplication of efforts by the Commissioner of Revenue and the Director of Codes Administration in the licensing of construction contractors, the Director of Codes Administration should be solely responsible for the licensing programs required by the Building Code; NOW, THEREFORE

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

SECTION 1. That Section 9.10.109, Code of General Ordinances, entitled "Validity of License" is amended to read as follows:

 

Section 9.10.109. Validity of License.

 

(a) Change of Name, Organization or Ownership. A change in name, business designation or personnel of a license shall have the legal effect of terminating the license and of operating without a license. All such changes shall, therefore, be reported by the licensee to the Director of Codes Administration 10 days after making such change.

 

(b) Incorporation or change in incorporation creating a new legal entity requires a license even though one or more stockholders or directors have a license.

 

(c) The organization of a partnership or the change in a partnership creating a new legal entity requires a new license, even though one or more of the partners are licensed.

 

(d) The dissolution of a corporation or partnership which has been licensed terminates the license and no individual or firm may operate under such license.

 

(e) Submitting false information on an application for a license renders the license, if issued, invalid. No individual or firm may operate under such license. An individual or firm submitting false information when seeking a license shall be barred from obtaining a license for two years from the date the license is determined by the Director of Codes Administration to be invalid or the information is determined to be false if no license is issued. This decision may be appealed to the Building and Fire Codes Board of Appeals.

 

SECTION 2. That Section 9.10.110, Code of General Ordinances, entitled "Suspension or Revocation of License" is amended to read as follows:

 

Section 9.10.110. Suspension or Revocation of License.

 

(a) Authority. The Director of Codes Administration may suspend or revoke a license when the licensee commits one or more of the following acts or omissions:

 

(1) Failure to comply with any of the

licensee responsibilities as outlined in Section 9.10.108.

 

(2) Knowingly combining or conspiring with a

person, firm or corporation by permitting one's license to be used by such person, firm or corporation.

 

(3) By acting as agent, associate, partner or

in any other capacity with persons, firms or corporations to evade the provisions of the Building Code.

 

(4) Violation of any provisions of the

Building Code.

 

(b) Procedure. When any of the acts or omissions enumerated are committed by a licensed contractor or a person required to be licensed (hereinafter referred to as "the contractor"), and the Director of Codes Administration initiates suspension, revocation, or disqualification proceedings, the procedure shall be as follows:

 

(1) The contractor shall be notified in

writing, by certified mail or personal service, that the license will be suspended or revoked on a date, not less than 15 days from the date of the mailing of the notification. The notice will also inform the contractor of the basis for the action. A contractor, not licensed, will be informed of the period of disqualification for obtaining a license.

 

(2) The Director of Codes Administration

shall also state the length of suspension, revocation, or disqualification, according to the following restrictions:

 

(A) Generally, a license may be

suspended, or a period of disqualification

imposed, for any period not to exceed six

months.

 

(B) However, if a contractor has been

convicted four times, within a three year

period, of offenses punishable pursuant to

Section 9.1.208(b), the license shall be

suspended, or a period of disqualification

imposed, for one year.

 

(C) Section 9.9.110(b)(5)

notwithstanding, if a contractor has been

convicted five times, within a three year

period, of offenses punishable pursuant to

Section 9.1.208(b), the license shall be

permanently revoked. If the contractor was

working without the required license, the

contractor shall be permanently disqualified

from obtaining the required license.

 

(3) A hearing before the Building and Fire

Codes Board of Appeals as set forth in Section 9.1.204 may be requested by the contractor, in writing, within 14 days of the date of the mailing of the notification. The hearing shall be held no sooner than 7 days from the date of the notification. Appeal to the Building and Fire Codes Board of Appeals shall stay the suspension or revocation until the Board issues its decision.

 

(4) When a hearing is conducted, the

contractor and all other interested parties may be in attendance. The Building and Fire Codes Board of Appeals shall consider all properly admitted evidence. It shall determine, consistent with Section 9.10.110(b)(2) whether a license should be suspended or revoked, or whether a person required to be licensed should be disqualified, and the length of any suspension or disqualification.

 

(5) At the end of any period of suspension a

contractor shall be reissued the license suspended to complete its 12 month term, unless by its original terms it would have expired. A new application shall be filed before issuance of a license for the subsequent year.

 

(6) Except as provided in Section

9.10.110(b)(2), a license revoked may not be reissued, nor may a new license be issued within 12 months from the date of the decision of the Director of Codes Administration. A person seeking a license following revocation must comply with all requirements for the initial issuance of a license.

 

(7) A corporation, partnership, association,

or sole proprietorship may not obtain a license if an officer or director of a corporation, a partner of a partnership, or the managing official of any entity, including a sole proprietorship, will be a person who had served as an officer or director of a corporation, a partner of a partnership, or the managing official of any entity, including a sole proprietorship, of a contractor whose license is suspended or revoked, or disqualified from obtaining a license. This prohibition applies only during the period of suspension, revocation or disqualification.

 

SECTION 3. That all licenses properly issued by the Commissioner of Revenue prior to the effective date of this ordinance shall remain valid until their expiration date, unless otherwise suspended or revoked.

 

 

Approved as to form and legality:

 

 

 

_________________________________

Assistant City Attorney