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Ord 2023-009/Amending Ch 14 Bld and Bldg regulations and chapter 38 Fire Prevention and Protection of City of SM Code of Ordinance to adopt the 2021 International code ICC Family codes and the 2020 National Electric code with amendments
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Ord 2023-009/Amending Ch 14 Bld and Bldg regulations and chapter 38 Fire Prevention and Protection of City of SM Code of Ordinance to adopt the 2021 International code ICC Family codes and the 2020 National Electric code with amendments
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(1) Obtaining a license, endorsement, or registration through error or fraud; <br />(2) Willfully, negligently, or arbitrarily violating a municipal rule or ordinance that regulates sanitation, <br />drainage, or plumbing; <br />(3) Making a misrepresentation of services provided or to be provided to a customer that causes financial <br />harm to the customer; or <br />(4) Making a false promise with the intent to induce a person to contract for a service. <br />(k) Retesting procedures may be used to determine whether grounds exist for suspension or revocation of a <br />license, endorsement, or registration due to incompetence or a willful violation by a person licensed under <br />this chapter. <br />( Ord. No. 2015-21, § 1, 7-7-15 ) <br />Sec. 14.380. Hearing procedures for revocation of license; notice of revocation. <br />(a) When the Construction Board of Appeals is notified that a licensee's license or registration has been <br />suspended twice in a three-year period under subsection 14.380(a), and that the licensee has committed <br />another violation under section 14.371 or 14.372, the Board will set a license revocation hearing within thirty <br />(30) days and will send a copy of the information to the licensee by certified mail or by hand delivery not less <br />than ten (10) days before the date of the hearing. <br />(b) The licensee may appear in person at the hearing and may be represented by an attorney or any other <br />person. All hearings will be open to the public. The City and the licensee are entitled to present evidence and <br />arguments at the hearing. The Board may, through its chair or secretary, administer oaths and compel the <br />attendance of witnesses by subpoena issued by the chair. If the licensee does not appear, the Board may <br />proceed to hear and determine whether to revoke the licensee's license. <br />(c) If the licensee admits the truth of the charges, or if the Board, by vote of three (3) or more members, finds <br />them to be true, the Board will revoke the license of the licensee. The decision of the Board in each <br />revocation hearing will be entered into the meeting minutes of the Board. <br />(d) Notice of the revocation will be given by the Board either in person at the hearing, by first class mail to the <br />licensee's last address on the Building Official's records, or by hand delivery to the licensee. Notice by mail is <br />deemed to be received three (3) days after posting. <br />(e) A licensee whose license is revoked under this section may not apply for another license until two (2) years <br />after the effective date of revocation. <br />( Ord. No. 2015-21, § 1, 7-7-15 ) <br />Sec. 14.381. Surrender and return of suspended license or registration. <br />Any license suspended under this division shall be surrendered to the Building Official. At the end of the <br />period of suspension, in the absence of further violations, the surrendered license or registration will be returned <br />to the licensee and will again be valid. If the period of suspension extends beyond the normal expiration date, the <br />licensee shall pay all license renewal fees in order for the Building Official to return the license. <br />( Ord. No. 2015-21, § 1, 7-7-15 ) <br />(Supp. No. 35, Update 4) <br />Page 42 of 44 <br />Created: 2022-12-02 10:13:42 [EST] <br />
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