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Home My WebLink About4.u. Ordinance Amendment - Licensing of Certain Trades & BusinessesCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 1991 AGENDA ITEM: Ordinance Amending Licensing AGENDA SECTION: Consent Agenda of Certain Trades and Businesses PREPARED BY: Ron Wasmund AGENDA M. # Ru Public Works Public Director/Building Official ATTACHMENTS: Ordinances APPROVED BY: v The State of Minnesota has passed legislation requiring State Licensing for residential contractors and remodelers. Therefore, the City of Rosemount is updating its ordinance relating to the licensing of certain trades by including references to the State Statues. Attached is a copy of the existing ordinance and a copy of the revisions as they relate'to the State legislation. Attorney Eric Short has reviewed and approved the attached ordinance as written. RECOMMENDED ACTION: Motion to adopt Ordinance No. XVI.22, an Ordinance Amending Ordinance No. XVI.17, an Ordinance Providing for the Licensing and Regulation of Certain Trades and Businesses COUNCIL ACTION: CITY OF ROSEMOUNT ORDINANCE NO. XVI.22 AN ORDINANCE AMENDING ORDINANCE NO. XVI.17, AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF CERTAIN TRADES AND BUSINESSES The City council of the City of Rosemount does ordain: SECTION I. Section 1, subsection (12), of Ordinance No. XVI.17 is amended to read: (12) Any person required to be licensed by Minnesota Statute Chapter 326 for residential remodeling or general construction shall be exempt from the City licensing requirements of this section. SECTION II. Section 2, subsection (7), of Ordinance No. XVI.17 is amended to read: (7) Residential general contractors and remodelers as defined in MS 326.. SECTION III. This ordinanace shall be in full force and effect from and after its passage and publication according to law. Adopted this 17th day of December, 1991. Vernon J. Napper, Mayor ATTEST: Susan M. Walsh, City Clerk Published this day of December, 1991 in Farmington Independent. CITY OF ROSEMOUNT AKOTA COUNTY, MINNESOTA Ordinance No. XVI.17 AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF CERTAIN TRADES AND BUSINESSES It is hereby ordained: Section 1. Licenses Required. Before any 'person shall engage in any of the following businesses within the City of Rosemount, he shall obtain a license as provided herein: Cement work, cement block work, cement block laying or brick work; General construction including erection, alteration or repair of buildings or structures; Plastering, outside stucco work, or lathing; Heating, including the installation of any heating, ventilation, air-conditioning or refrigeration. equipment, except the installation of window air-conditioning units; Natural gas installation, including gas heating equipment, appliances, and other devices using natural gas; (6) Roofing; (7)_ Sign and billboard erecting; (8) Excavation, including excavation for building foundations and earth grading; (9) Tree trimming and tree removal services; (10) Private sewer installers and plumbers; and (11) Fenc'ng. Section 2. Proof of State License. Before any person shall engage in any of the following businesses within the City of Rosemount, he shall file proof with the City Clerk of compliance with all state licensing requirements: Plumbing work; Electrical work; Building mover; Steam fitter; Well driller; or Water conditioner installer or contractor. Upon filing of proof of a state license, a person engaging in any of these businesses shall be exempted from the prorisiors of this ordinance, except Page 1 Ordinance XVI.17 that plumbers and steam fitters who have not obtained the bond and insurance allowed by M.S.A. 326.40, Subd. 2, and M.S.A. 326.48, Subd. 2, respectively, shall comply with the liability insurance requirement set forth in Section 14 herein. Section 3. ADDlication. Every application for a license shall be made to the City Clerk on a form provided by him. It shall be accompanied by payment of the prescribed fee. If, after investigation, the City Clerk is satisfied that all requirements of law and this ordinance have been met, he shall present the application to the City Council for action. Section 4. Fee. The fee for each such license and renewal shall be $25.00 (twenty. -five dollars) annually. Section 5. Issuance of License. The license shall be issued by the City Clerk after approval of the City Council. Section 6. Transfers. No license issued under this ordinance may be transferred to any other person. Where a license relates to specific premises, the license shall not be changed to another location without approval of the City Council or other licensing -authority. Section 7. ExDiration. All licenses shall expire on the 31st day of December immediately following the date of issuance unless sooner revoked or forfeited. ,If a license granted hereunder is not renewed -previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this section. Section 8. General Contractors. A license granted to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all of the persons performing the work which is classified and listed, providing that each person performing such work is in the regular employ of such general contractor and qualified under the state law and the provisions of this ordinance to perform such work. In these cases, the general contractor shall be responsible for all of the work so; performed. Sub -contractors on any work shall be required to comply with the sections of this ordinance pertaining to license, bond, qualifications, etc., for his particular type of work. Section 9. Tree Trimrine-and Removal. Any applicant for a license to engage in the business of tree trimming or removal who intends to provide chemical application as part of the services offered his customers shall file proof of current certification for a "Commercial Applicator's License" from the Agronomy Services Division, Minnesota Department of Agriculture. If the license is issued, the licensee shall comply with all requirements of the Minnesota Pesticide Control Act -o.,61 1976, M.S.A. 18A.21, et seq, as amended. Section 10. Qualifications. Each applicant for a license shall satisfy the City Council that he is competent by reason of education, special training, experience, and that he is equipped to perform the work for which a license is requested, in accordance with all state laws and regulations and local ordinances. Section 11. Revocation or Suspension. The City Council may suspend or revoke the license of any person licensed under this ordinance, whose work is found to rade 3 Ordinance XVI.'.' be improper, defective or so unsafe as to likely endanger life or property. The person holding such license shall be given 20 days notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the address of the licensee stated in his application and he fails to or refuses to appear at the said hearing, his license will be automatically suspended or revoked five days after the hearing date. Section 12. Period of Suspension. When a license is suspended, the period of suspension shall be not less than thirty (30) days nor more than one year, as determined by the City Council. Section 13. Revocation upon Violations. When any person holding a license has been convicted.for the second time by a court of competent jurisdication for violation of any of the, provisions of this_oidinance, the City Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one year. Section 15. Penalties.Any person who shall violate any of the provisions of this ordinance shall be guilty. _of a misdemeanor, and shall be punished by a fine of not to exceed $500.00 or by imprisonment in the county jail for a I period of not to exceed ninety (90) days, or both. For each day the violation continues, a separate offense shall be declared. Section 16. Repeal. Any ordinance, or parts of any ordinance, in conflict with this ordinance are hereby repealed. Section 17. Effective Date. This ordinance shall be effective from and after its publication as required by law. Adopted this j day of )* ,—in 6L, 1980. A e k._ Leland S. Knutson,Mayor ATTEST : Don F. Darling, Clerk Section 14. Liability Insurance. Any person holding a license hereunder shall file with the City Clerk policies of public liability and property damage insurance which shall remain and be in force and effect during the entire term of said license, and which shall contain a provision that they shall not be cancelled without ten (10) days written notice to the City of Rosemount. Public liability insurance shall not be less than $50,000.00 per person and $100,000.00 per occurrence, and property damage insurance of not less than $10,000.00 per.occurrence. Said policies of insurance shall further provide for indemnity and security to the amounts stated herein, to the City of Rosemount against any liability and/or responsibility for the act, actions, or omissions of the licensee or 4 any of the agents or servants of such licensee subject. No license shall be issued until said insurance policies shall have been filed and approved by the City Clerk. Section 15. Penalties.Any person who shall violate any of the provisions of this ordinance shall be guilty. _of a misdemeanor, and shall be punished by a fine of not to exceed $500.00 or by imprisonment in the county jail for a I period of not to exceed ninety (90) days, or both. For each day the violation continues, a separate offense shall be declared. Section 16. Repeal. Any ordinance, or parts of any ordinance, in conflict with this ordinance are hereby repealed. Section 17. Effective Date. This ordinance shall be effective from and after its publication as required by law. Adopted this j day of )* ,—in 6L, 1980. A e k._ Leland S. Knutson,Mayor ATTEST : Don F. Darling, Clerk