Ord 281 Providing for Licensing of Certain BusinessesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 281
AN ORDINANCE AMENDING ORDINANCE NO. 601
A. Ordinance No. 601, known and referred to as "AN ORDINANCE
PROVIDING FOR THE LICENSING OF CERTAIN BUSINESSES AND
OCCUPATIONS AND PROVIDING FOR THE REGULATION THEREOF," is
hereby amended in its entirety so that as amended it shall
read as follows:
SECTION 1. DEFINITIONS
Whenever a word or term defined hereinafter appears in the
text of this Ordinance, its meaning shall be construed as
set forth herein.
1.1 Carpenter. "Carpenter" means a person in the business
of performing rough carpentry work, including but not
limited to framing and flooring.
1.2 Commercial Building Contractor. "Commercial Building
Contractor" means a person, partnership or corporation
in the business of building commercial real estate or
of contracting or offering to contract to improve
commercial real estate.
1.3 Commercial Real Estate. "Commercial Real Estate"
means a new or existing building constructed for
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habitation for more than four families or for business,
industrial or institutional. use.
1.4 Gas piping. "Gas Piping," means the extension of the
gas piping from the utility company's terminus point to
and from any gas burning appliances, devices or
machinery, including but not limited to furnaces, water
heaters, ranges, clothes dryers, fireplaces and grills.
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1.5 Remodeler. "Remodeler" means a person in the business
of contracting or offering to contract to improve
existing residential real estate. A remodeler has two
or more special skills.
1.6 Residential Building Contractor. "Residential
Building Contractor" means a person in the business of
building residential real estate or of contracting or
offering to contract to improve residential real
estate.
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1.7 Residential Real Estate. "Residential Real Estate"
means a new or existing building constructed for
habitation by one to four families, and includes
detached garages.
1.8 Specialty Contractor. "Specialty Contractor" means a
person other than a residential building contractor,
remodeler, or material supplier in the business of
contracting or offering to contract to make part of an
improvement to residential real estate.
SECTION 2. LICENSES REQUIRED
Unless in the regular employ of a residential contractor,
commercial contractor or remodeler as defined herein, no
person shall engage in the business of doing or performing
any of the various types of work hereinafter listed in this
section within the City of Mendota Heights, without first
obtaining a license to do so as hereinafter provided:
2.1 Asphalt, bituminous and asphaltic concrete
installation.
2.2 Brick work.
2.3 Building demolition.
2.4 Carpenters.
2.5 Concrete work, including but not limited to concrete
block work and/or concrete block laying.
2.6 Drywall installation.
2.7 Excavation for basements, foundations, connection to
public sewer and water system or private on-site sewage
treatment systems.
2.8 Fence installation.
2.9 Fire protection system installation.
2.10 Fireplace construction, including installation of
manufactured fireplaces.
2.11 Garage door installation, including installation of
automatic garage door opening devices.
2.12 Gas piping.
2.13 Grading, including rough and/or finish grading of a lot
or parcel of land preparatory to construction of
commercial or residential real estate. In those
instances where a person or firm is licensed for
excavation, grading licensure shall not be required.
2.14 Heating, ventilation, central air-conditioning, or
refrigeration equipment installation.
2.15 Landscaping of grounds or similar activity which may
affect or manipulate drainage or boulevard
obstructions.
2.16 Plaster, outside stucco work.
2.17 Roofing.
2.18 Siding, soffit and facia installation or removal.
2.19 Sign installation.
2.20 Swimming pool installation, whether above or below
grade.
2.21 Tree cutting or removal of dead or diseased trees,
including stump removal.
SECTION 3. APPLICATION.
Application for such licenses shall be filed with the City
Clerk on forms furnished by the City.
SECTION 4. FEES.
The fee for each such license shall be $25.00 annually.
Fees are not subject to proration.
SECTION 5. ISSUANCE OF LICENSE.
All licenses shall be issued by the City Clerk.
SECTION 6. EXPIRATION.
Unless revoked or forfeited, all licenses shall expire on
December 31st, following the date of issuance or upon lapse
or termination of the bond or insurance required herein. If
a license granted hereunder is not renewed previous to its
expiration, all rights granted by such license shall cease,
and any work performed after the expiration of such license
shall be in violation of this ordinance.
SECTION 7. RENEWAL OF LICENSE.
Persons renewing their licenses after the expiration date
shall be charged the full annual license fee regardless of
renewal date.
SECTION 8. QUALIFICATIONS
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Each applicant for a license shall satisfy the Council that
he is competent by reason of education, special training,
experience, and that he is equipped to perform the work for
which a license is requested, in accordance with all State
of Minnesota laws. Where a State of Minnesota license is
required for services provided by, but not limited to,
plumbers, remodelers, residential contractors and specialty
contractors, no license shall be required hereunder,
however, evidence of said State license must be submitted
prior to issuance of any permits therefor.
SECTION 9.- REVOCATION OR SUSPENSION.
The Council may suspend or revoke the license of any person
licensed under this ordinance, whose work is found to be
improper or defective or so unsafe as to jeopardize life or
property. The person holding such license shall be given 20
days notice and granted the opportunity to be heard before
such action is taken. If and when such notice is sent to the
legal address of the licensee and he fails or refuses to
appear at the said hearing, his license will be
automatically suspended or revoked 5 days after the date of
hearing.
SECTION 10. PERIOD OF SUSPENSION.
When a license is suspended, the period of suspension shall
be not less than thirty (30) days nor more than one (1)
year, such period being determined by the Council.
SECTION 11. REVOCATION UPON VIOLATIONS.
When any person holding a license has been convicted for the
second time by a court of competent jurisdiction for
violation of any of the provisions of this Ordinance, the
Council shall revoke the license of the person so convicted.
Such person may not make application for a new license for a
period of one (1) year.
SECTION 12. SURETY BONDS
No license granted under the terms stated herein shall
become effective until the licensee shall have filed with
the Clerk a surety bond in the penal sum of $2,000.00,
operating in favor of the City and conditioned that the City
will be saved harmless from any loss or damage by reason of
improper or inadequate work performed by the holder of said
license under the provisions of this Ordinance. Such bonds
shall be subject to approval as to form, execution and
surety. A license will be considered to have expired unless
the required bond is renewed and submitted to the City prior
to its expiration
SECTION 13. LIABILITY INSURANCE
Any person holding a license hereunder shall file with the
City Clerk policies of public liability and property damage
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insurance which shall remain and be in force and effect
during the entire term of said license and which shall
contain a provision that it shall not be cancelled without
10 days written notice to the City. The contractor shall
procure and maintain during the life of the license period,
commercial general liability insurance covering personal
injury including bodily injury and property damage liability
with a combined single limit of no less than $500,000 for
each occurrence and aggregate. Said policies of insurance
shall further provide for indemnity and security to the City
of Mendota Heights against any liability and/or
responsibility for the acts, actions, or omissions of the
licensee or of any of the agents or servants of such
licensee subject, however, to the limitations as to the
amount herein stated. No work shall be done under any
license hereunder until said insurance policies shall have
been filed and approved by the City Clerk. A license will
be considered to have expired unless the required insurance
is renewed, and the renewal certificate is submitted to the
City, prior to its expiration
SECTION 14. PENALTIES.
Any person who shall violate any of the provisions of this
Ordinance shall be guilty of a misdemeanor and shall be
punished by a fine of not to exceed $750.00 or by
imprisonment in the county jail for a period of not to
exceed 90 days, or both.
B. EFFECT
This Ordinance shall be in full force and effect from and after
its publication according to law.
Enacted and ordained into an ordinance this Seventeenth day of
December, 1991.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
kathleen M. Swanson
City Clerk