(a)   Each builder or building contractor or sub-contractor, engaging in any building trade, and desiring to work within the City of Linn Valley shall, before entering upon any building or construction work subject to regulation by city ordinances or regulations, apply to the City Clerk or the Clerks designee, for a Building Contractor’s registration and receive the same as hereinafter provided and have in his or her possession a valid registration authorizing him, her or it to engage in a building trade or occupation within the city.

(b)   No permit for any building or construction work shall be issued for any such work to be performed by a builder or building contractor or subcontractor who has not first obtained a registration upon making a proper application and payment of the license fee as required.

(c)   It shall be unlawful for any person, firm, company, association, or corporation to enter into a contract or agreement with another so as to bring himself, herself, or itself under the definition of builder or building contractor or sub-contractor herein, or to perform any work as a builder or building contractor or subcontractor or to perform any work under a contract to construct, wreck or move any building, without first having obtained a Building Contractor’s Registration issued by the city

(d)   Any reference in this article to “Building Contractor” or “Builder” shall refer to any builder, building contractor, or sub-contractor engaged in any building or construction trade within the City of Linn Valley, Kansas.

(Ord. 37; Code 2021)

Application for a Building Contractor’s Registration shall be made upon a form to be supplied by the city which shall disclose the name of the applicant, his or her place of business in the city (or home office if a non-resident), the kind of contracting work engaged in (such as general contracting, roofing, siding, masonry, excavating, waterproofing, metal work, foundation work, , cement work, , houses, accessory buildings, demolition, wrecking/moving, lot clearing and the like). The application shall be signed by the building contractor or his or her authorized agent. Such registration shall be issued by the city clerk, upon completion of the application and submission of the necessary certificates of general commercial liability insurance, and fee.

(Ord. 37; Code 2021)

(a)   The registration fee for a building contractor shall be $50.00 and shall be due and payable on January 1 of each year for the ensuing calendar year. All registrations shall be renewable annually.

(b)   Each such registration shall set forth the kind of contract work in which the registered contractor may engage. The registration shall display his or her registration at any place where he or she may be engaged in contract work or produce the same on demand of any city officer.

(c)   It shall be unlawful for any person, firm or corporation to contract for any kind of work covered by this article without having a valid registration issued by the city to perform such contracts.

(Ord. 37; Ord. 54; Ord. 207; Code 2021)

Before any registration shall be issued to any building contractor required by this article to obtain a registration and pay a fee to the city, the building contractor must procure and maintain a commercial general liability insurance policy, to include products and completed operations liability, with limits of $1,000,000 per occurrence and $1,000,000 in aggregate. Such policies of insurance shall be issued by some insurance company authorized to do business in the State of Kansas. A building contractor shall qualify as to the insurance requirements by filing a certificate with the City Clerk executed by the resident agent of such company stating that the required policy of insurance has been issued by such company for the purpose required by this article and that such insurer will not cancel the policy except upon giving 30 days notice in writing to the city. Policies issued for limited or specific trade or trades do not fulfill requirements for commercial general liability insurance. When required by the laws of Kansas, the policy must include worker’s compensation insurance. If an exemption is claimed from these requirements, the contractor must complete and have notarized the Worker’s Compensation Waiver form provided by the City. Roofers must be registered with the State of Kansas, and be In Good Standing.

(Ord. 37; Code 2021)

(a)   The registration of any building contractor may be suspended temporarily, for a period of not to exceed 30 days at any one time, by the chief building official, after a hearing before said building official. Notice shall be given in writing to such building contractor giving reasonable notice of a time of such hearing of the complaint or the matter alleged against the building contractor. Suspension may be ordered for any one or more of the following:

(1)   Misrepresentation of a material fact by applicant in obtaining a registration

(2)   Use of registration to obtain a building permit for another.

(3)   Failure or neglect to observe conditions of permit authorizing encumbering of streets or sidewalks for safety of public.

(4)   Performance of any building or construction work without a permit where one is required by ordinance.

(5)   Willful disregard of any violation of the building and construction laws, or failure to comply with any lawful order of the city building official.

(b)   Any registered contractor may within 15 days appeal in writing to the governing body from any order of the chief building official suspending his or her license for its final decision thereon. The governing body may upon such hearing terminate such suspension within not more than 30 days thereafter, or may revoke such registration. If any registration shall be revoked, the building contractor shall not be eligible for a new registration during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor’s registration.

(c)   It shall be unlawful to engage in the occupation or trade of builder or building contractor or sub-contractor withing the City during the time any registration of such builder or building contractor or sub-contractor has been suspended or revoked.

(Ord. 37; Code 2021)

Nothing herein contained shall prohibit any property owner or his or her permanent employee from personally performing any building or construction work within and upon his or her own residential or business property and intended for his or her own personal or business use and permanent occupancy;  However, prior to review of a building permit application for a residence and/or an accessory building the property owner must attest to their ability and liability to personally perform all building and construction work within and upon the property and/or structure(s) by their notarized signature on an attestation document provided by the city. The property owner shall secure a permit, pay required fees, do all work in accordance with the ordinances of the City, apply for inspections, and receive a certificate of approval. Personal building or construction performed by an owner under this section shall be by himself or herself, for himself or herself, on his or her own residence, without compensation, and no person shall be employed to assist him or her in any way except a builder or building contractor or sub-contractor registered by the City.

(Ord. 37; Code 2021)

This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein.

(Ord. 37; Code 2021)

Violation of any portion of this article shall be punishable by fine of up to $500 for each occurrence.

(Ord. 37; Code 2021)