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HomeMy WebLinkAboutORD 86-69 ORDINANCE NO. -�-- — ENTITLED AN ORDINANCE AMENDING SECTION 6-21 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY CREATING A NEW SECTION 106.2 .1 TO THE BUILDING CODE CONCERNING REVOCATION OF A BUILDING CONTRACTOR' S BOND; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Section 6-21 of the Code of Ordinances of the City of Beaumont be amended by adding a new Section 106. 2 .1 to the Building Code to read as follows : Section 106.2 .1 : A. A Building Contractor' s Bond may be revoked, after notice and hearing before the City Manager or his designee, for either of the following reasons: 1 . Reoccurring incidents of work performed not in accordance with the Building Code and the holder refuses to correct the violation after being given sufficient notice of said violations; or 2 . The bond or permits were obtained or extended by fraud or deception; or 3 . That one or more of the terms or conditions imposed by the bond has not been met or has been violated; or 4 . Failure of the bond holder to comply with the requirements of the Building Code. B . Prior to revocation of the bond, the City Manager or his designee shall notify the bond holder in writing, stating the reasons for which the bond is subject to revocation and advising that the bond shall be permanently revoked at the end of five ( 5 ) days following the service of such notice, unless a request for a hearing is filed with the City Manager or his designee by the bond holder, within such a five ( 5) day period. A bond may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five ( 5) day period, the revocation of the bond becomes final. The bond holder may not perform any work in the city during the period of suspension pending the outcome of the hearing. C. Service of Notices - Notice provided for in this ordinance shall be deemed to have been properly served when the notice has been delivered personally to the bond holder, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the bond holder. A copy of such notice shall be filed with the records of the City Manager or his designee. D. Hearings -The hearings provided for in this ordinance shall be conducted by the City Manager or his designee at a time and place designated by him. Based upon the record of such hearing, the City Manager or his designee shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. E. Application After Revocation - Whenever a revocation of a bond has become final, the bond holder of the revoked bond may make written application for a new bond after a period of six (6 ) months. Section 2 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3 . That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 . That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 2 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the j�;/,day of ,��� : 1986. Mayor - 3 -