6.02.120 Revocation or suspension of license.
A. The Building Official shall, upon the verified complaint in writing of any person, require the licensee to appear before the Council for hearing on the possible suspension or revocation of the license. The licensee shall be given a copy of the complaint and at least twenty (20) days’ written notice of the time and place of the hearing. The notice shall be served personally, or shall be mailed by first class mail to the licensee’s last known mailing address. At the hearing the licensee shall have the right to present its case by oral or 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 licensee shall be entitled to said hearing to have the benefit of legal counsel of his own choosing and at his own expense.
B. The Council, after review of the evidence presented, shall have the power to suspend or revoke the license if the Council finds that the licensee committed one (1) or more of the following acts or omissions related to work as a contractor:
1. Violations of any provision of the Parachute Municipal Code, including any code which was adopted by reference;
2. Failure to comply with any lawful order of the Building Official or any other authorized representative of the Town;
3. Use of the license or registration to obtain permits required under the building codes for any other person;
4. Misrepresentation of a material fact when applying for a license, or fraud in obtaining a license;
5. Gross negligence in the work done by the licensee;
6. Failure to obtain a required permit;
7. Conviction of an offense involving misapplication of funds or property received from another.
C. If the Building Official finds that an emergency exists which justifies immediate suspension or revocation of a license, he 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.
D. The Building Official may suspend licenses upon the written consent and approval of the licensee.
E. If the license of any contractor is revoked, another such license shall not be granted to such contractor within twelve (12) months after the effective date of the revocation. If a license is suspended, the Council shall state the period and terms of the suspension. Unless otherwise ordered by the Council, a license shall not be reinstated following a suspension or renewed following a revocation unless the contractor has successfully passed an examination as specified in PMC 6.02.090.
F. Definitions.
1. “Council” means the Parachute Town Council.
2. “Department” means the Building and Planning Department.
3. Fraudulent Acts or Conduct. The elements necessary for establishing 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 Town and/or owner act or refrain from acting in reliance on it;
e. The Town and/or owner, relying on the representation, acted or refrained from acting as the contractor intended;
f. The Town and/or owner’s reliance was justified.
If the Council 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 (1) or more of the elements has not been established by a preponderance of the evidence, the Council shall not find the acts or conduct to be fraudulent.
4. “Gross negligence” means 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” means 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. (Ord. 536 §1, 2006; Amended Ord. 757 §2, 2019)