§ 16.48.140. Revocation and suspension of license.

A.

The building official shall, upon the verified complaint in writing of any person, require any contractor or qualified individual, pursuant to this chapter, to appear before the board for hearing on the suspension or revocation of a license. The contractor or qualified individual(s) shall be given a copy of the complaint and a written notice of the time and place of the contemplated hearing before the board at least 20 days prior to the hearing. The written notice shall be served personally, or shall be posted by first-class mail to the last known mailing address. At the hearing before the board, the contractor or qualified individual(s) shall have the right to present his, her or its case by oral and documentary evidence, to submit rebuttal evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The contractor or qualified individual(s) shall be entitled at said hearing to have the benefit of legal counsel of his, her or its own choosing and at his, her or its own expense.

B.

The board, after review of the evidence presented, shall have the power to suspend or revoke said license and to suspend or revoke the contractor's right to act as a contractor and shall have the power to suspend or revoke the right of the qualified individual to serve for any other partnership if, in the opinion of three of the five board members, the evidence supports a finding that the contractor and/or qualified individual(s) committed one or more of the following acts or omissions:

1.

Fraudulent departure of a life, health, safety or structural nature from plans or specifications without authority from the building official;

2.

Willfully violating any provisions of the Longmont Municipal Code including any codes which are adopted by reference;

3.

Failure to comply with any lawful order of the building official or any other authorized representative of the city employed by the division pertaining to the administration of the building codes;

4.

Fraudulent use of a contractor's license to obtain permits required under the building codes for any other person, corporation or legal entity;

5.

Misrepresentation by an applicant of a material fact when applying for a contractor's license, or fraud in obtaining a contractor's license;

6.

Commitment of any act of gross negligence in the conduct of the contractor's specific trade of business on work done by the contractor which is regulated by the provisions of the building code;

7.

Failure to obtain a proper permit for any work for which a permit is required by virtue of this Code;

8.

Willful and deliberate failure to give written notice to the building official within three business days of the retirement, termination or cessation of employment or disassociation with the contractor of the person, who by examination, qualified for the contractor's license; or

9.

Conviction by a court having competent jurisdiction of the contractor and/or the examinee of fraudulent use of funds or property received by virtue of contract.

C.

Emergency suspension. If the building official finds that emergency cause exists for suspension or revocation of a license, such official may enter an order for immediate suspension of such license, pending further investigation and proceedings for suspension or revocation, as provided in this chapter. The licensee may, upon notice of such suspension, request an immediate hearing before the building official. The procedure shall thereafter be as provided in this chapter.

D.

Definitions.

1.

Board means the master board of appeals.

2.

Division means the building inspection division.

3.

The elements necessary for establishing fraudulent acts or conduct are:

a.

The contractor made a false representation of a past or present fact;

b.

The fact was material;

c.

The contractor made the representation without an honest belief that it was true;

d.

The contractor made the representation with the intent that the city and/or owner act or refrain from acting in reliance on it;

e.

The city and/or owner, relying on the representation, acted or refrained from acting as the contractor intended;

f.

The city and/or owner's reliance was justified.

If the board finds that all of these elements have been established by preponderance of the evidence, then it may find that the contractor has committed a fraudulent act or acts or has committed fraudulent conduct. If, on the other hand, any one or more of the elements has not been established by a preponderance of the evidence, the board shall not find the acts or conduct to be fraudulent.

4.

Gross negligence, as used in this chapter, is defined as negligence which consists of an affirmative act purposefully committed, or the purposeful failure to do an act which the contractor (or examinee) was under a duty to perform, which act or omission the contractor (or examinee) knew was dangerous to another person or property and which he or she performed or omitted heedlessly without regard to the consequences of the rights, health, safety or welfare of another person or property.

5.

Willfully, as used in this chapter, is defined as designed, intentional, not accidental or involuntary, proceeding from a conscious motion of the will. A willful act may be described as one done intentionally, knowingly and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.

E.

The chief building official may voluntarily suspend licenses upon the written consent and approval of the licensee. The decision of the building official shall be final and any appeal therefrom shall be pursuant to rule 106(a)(4), Colorado Rules of Civil Procedure.

(Code 1993, § 16.48.140; Ord. No. O-89-26, § 1)