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HomeMy WebLinkAboutCC ORD 1938-664 Licensing of contractors and subcontractors (Not codified)F 6►,1 ORDINANCE NO. 664 AN ORDINANCE PROVIDING FOR '1'HIF, LICENSING OF CON- TRACTORS AND SUBCON- TRACTORS IN THE CITY OF NATIONAL CITY, CALIFOR- NIA, PROVIDING A PENALTY FOR THE VIOLATION THERE- OF. The City Council of the City of National City, California, do ordain as follows: SECTION I. It. shall be unlaw- ful for any contractor or subcon- tractor, as hereinafter dcfired, or any agent of said contractor nr subcontractor, to bid or offer to contract or to contract or enter into any contract to construct or repair buildings or structures of any kind in the City of National City, California, fur a contract price or for a percentage of its cost until he or she, they or it, shall first obtain a license therefor as in this Ordinance required. Any contracting or subcontract- ing, as hereinafter defined, that is condurted or ca-ricd on without such license shall constitute a vio- lation of this Ordinance and :rev person who fur himself or any other person shall violate any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and upon conviction by any court having jurisdiction thereof, fined in a sum of not more than $200.00 or imprison- mcnL in the Ci'y .Jail not exceed- ing 30 days, or by both such fine and imprisonment. Annual licenses shall date from the first day of .January of each year that they are issued; no license shall be issued for the fractional part of a term. All licenses shall be paid for in advance and ro rebate given for any unused portion of the term. All licenses issued under the provisions of this Ordinance shall be posted in the place of business of the licensee or at the place where said construction or repair- ing is being done, and the said License shall he produced by the licensee whoever the same shall be required by the chief of police or any officer of the City of National City. It is hereby made the duty of the Chief of Police to enforce all the provisions of this Ordinance. No personal demand or notice by the Chief of Police to such per- sons owing such license tax shall be necessary to incur the penalties of this Ordinance. SECTION TT. All licenses is- sued Larder and by virtue of this Ordinance shall he printed in plank form signed by the Clerk of the City of National City, counter- signed by the Building Inspector of said City, who shall set forth the name of the party to whom the license is issued, the nature of the trade or business he, she, they or it are licensed to pursue, the time for which the same is granted, the date thereof, and the amount paid therefor. The City Clerk shall issue said licenses only after written ap- proval of the Building Inspector of the City of National City, and the City Clerk shall collect and he accountable for the license fee for said license; the said license shall not be assignable or trans- ferable; the City Clerk shall make a charge of $1.00 for each dupli- cate license issued to replace any license issued under the provisions of this Ordinance and which has been lost or destroyed. Each applicant for a license un- der the terms of this Ordinance must be in possession of a license issued by the State of California to the said applicant for his par- ticular calling, trade or occupa- tion, providing that the said State of California requires a license for said particular trade, calling or oc- cupation, and the said State li- cense, issued by the State of Cali- fornia, must be in full force and effect at the time of the applica- tinn.The Building Inspector of the City of National City, California may require such other and satis- factory proof that the said appli- cant is competent and capable of pursuing the trade, calling or oc- cupation for which he is applying for a license, and said building in- spector of said City may deny said application for a license if, in his opinion, the said applicant is not competent and capable to pursue the trade, calling or occupation for which he is applying for a license. Thereupon the said applicant, may appeal to the City Council from said refusal of the Building In- spector to issue said license, by giving notice of said appeal and stating the grounds therefor to the City Clerk of the City of National City, California and the said Coun- cil shall pass and determine the said appeal at their next regular meeting. SECTION ITI. Contractors shall he either general or subcontractors. A general contractor shall he con- strued to he a person, natural or artificial, who enters into con- tracts to construct or repair build- ings or structures of any kind in the City of National City, Califor- nia for a contract price or percen- tage of its cost where value of any such structure when completed, or the contract price thereof, shall be $50.00 or more. And, for the purpose of this Section, every per- son, co -partnership, firm or cor- poration who shall commence the erection nr construction of any building or structure or shall repair in any manner any building or structure in the City of National City, California, shall be deemed a contractor as herein defined, and shall be liable to pay the license hereinafter provided for, providing that the contract price or the value of said structure or building when completed shall he more than $50.00, unless the owner of said building or structure or the owner of the land on which such building or structure is being erected, constructed or repaired shall first make a sworn statement that they are erecting, construct- ing or repairing such building or structure as the owner thereof, and that they have not entered into a contract either verbal or writ- ten with any contractor or sub- contractor or any person whatso- ever to erect or construct or repair or supervise the erection or con- struction or repairing, said build- ing or structure, and that said building or structure is being erected or constructed or repaired by day labor at a stipulated wage (said wage to be specified in said statement) and further that they are making such representations in order that said person will not have to pay the license fees here- a 4 in provided for, and that each of said representations is true. SECTION. iV. The rate of li- cense for a general contractor, ex- cepting therefrom plumbers and electricians, shall be $10.00 per annum. SECTION V. The subcontractor shall be construed to be a person, natural or artificial, who shall en- ter into a contract with a general contractor to construct or repair or to supervise the const'uction or repairing of any portion of a build- ing or structure, when the contract price thereof shall be $50.00 or more and for the purpose of this Section. any person, co -partner- ship, firm or corporation who shall commence the erection, construc- tion or repair of any portion of a building or structure when the value of said erection, construc- tion or repair shall be $50.00 or more, shall be deemed a subcon- tractor as herein defined, and shall he liable to pay the license herein provided for unless the owner of said building or structure which is being erected, con- structed or repaired, shall first make a sworn statement that they are erecting, construct- ing, or repairing a portion of such building or structure as the owner thereof, and that they have not entered into a contract either ver- bal o- written with any contractor or subcontractor or any person whatsoever to erect, construct or repair or to supervise the erection, construction or repair of any por- tion of said building or structure, and that a portion of said building or structure is being erected, con- structed or repaired by day labor at a stipulated wage (said wage to be specified in said statement), and further that they are making such representations in order that said person, firm or corporation will not have to pay the license fee herein provided for and that each of said representations is true. SEC'I'iON VI. The rate of li- cense for each subcontractor, ex- cepting therefrom plumbers and electricians, shall be $10.00 per an- nnm, SECTION VIi. All plumhers and electricians doing business in the City of National City, California shall he governed and pay the li- cense fee required in Ordinance No. 506 and Amendments thereto and Ordinance No. 534 of the City of National City, California. SECTION VIII. The rate of li- cense for every person, firm or corporation doing business in the City of National City, California, as a house wrecker, house mover, or pest control operator, shall be $10.00 per annum. SECTION IX. if the licenses in this Ordinance provided for shall not be paid on or before the fifteenth day of the month follow - leg the date when they shall be- come due, then a penalty of 25% of the license tax due and payable shall be added thereto, and no li- cense shall be issued until such penalty shall have been paid, and in addition thereto, such delin- quent shall be liable for prosecu- tion and the penalty herein pro- vided, for failure to pay his license provided for in this Ordinance. SECTION X. If any Section, sub -section, sentence, clause or phrase of this Ordinance is here- after for any reason held to be unconstitutional or un-enforceable, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Coun- cil of the City of National City hereby declares that it would have passed this Ordinance, and each Section, sentence, clause or phrase, hereof, irrespective of the fact that any one or more other sections, sub -sections, sentences, clauses, or phrases be declared unconstitu- tional or un-enforceable. SECTION XI. This Ordinance shall be published once in the Na- tional City News, a newspaper of general circulation, printed and published and circulated in the City of National City, California, and this Ordinance shall take effect and he in force from and after thirty-one days after final pas- sage. PASSED AND ADOPTED by the City Council of the City of National City, California, this 20th day of December, 1938, by the fol- lowing vote, to -wit: AYES: Councilmen Cordingly, Kilcrease, Thatcher, Warner, Bird. NAYS: Councilmen none. ABSENT: none. D. W. BIRD Mayor of the City of National City, California ATTEST: DALE SMITH, City Clerk. 1 hereby approve the foregoing Ordinance this 20th day of Dec., 1938. D. W. BIRD Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 664 of the Ordinances of the City of National City, California, as adopted by the City Council of said City, and ap- proved by the Mayor of said City, on the 20th day of December, 1938. DALE SMITH, City Clerk of the City of (SEAL) National City, Calif. By HELEN JOHNSON, Chief Deputy.