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.
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PASSED BY THE CITY COUNCIL of the City of Beaumont
this the j�;/,day of ,��� : 1986.
Mayor -
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