Chapter 12.15
DAMAGED PUBLIC PROPERTY
Sections:
12.15.020 Application and surety.
12.15.030 Notice of repairs required.
12.15.040 Additional surety and debarment.
12.15.050 City use of surety funds.
12.15.010 License required.
It shall be unlawful to solicit, perform, or contract for services which are required to be performed under the laws of the state of Utah by licensed contractors required by this chapter to be licensed by Eagle Mountain City without first having obtained a contractor’s business license from Eagle Mountain City.
A. General contractors who subcontract work to independent licensed contractors or perform work using direct or indirect employees where the work is not limited to single premises work supervised by the owner and occupant of the work site are required to obtain a license under this chapter. Contractors at single premises work sites supervised by the owner and occupant of the property where the work site is on or adjacent to existing public streets, walks, utilities, trails or other public facilities shall obtain a license.
B. No license under this chapter shall be required where the contractor’s work is performed for and under the supervision of individual home or business owners and the work site is not on or adjacent to existing public streets, utilities, walks, trails or other publicly owned facilities. [Ord. 99-05 § 1].
12.15.020 Application and surety.
Each applicant for a contractor’s business license shall complete the business license application provided by the city and shall deposit with the city a cash surety bond in the amount of $5,000 to assure the contractor’s compliance with the terms of this chapter. No contractor’s license shall be issued until the full amount of the cash surety required as a condition of the contractor’s business license is deposited with the city. All cash surety deposited under the provisions of this chapter shall accrue interest credited to the licensed contractor at the rate earned by the city in the public treasurer’s investment fund. Contractors who violate the terms of this chapter may be required to deposit with the city additional cash surety as defined more specifically below. [Ord. 99-05 § 2].
12.15.030 Notice of repairs required.
Contractors are required to avoid damage to public facilities such as streets, curbs, gutters, sidewalks, drive aprons and utilities and to keep public streets, sidewalks, trails, and facilities clean and free of garbage, mud from construction activities and building material debris. Contractors who damage public facilities shall promptly repair or replace damaged facilities as required by the city.
A. The security required by this chapter shall be held to guarantee that all damages to sidewalks, curbs, driveways, streets and other public improvements including utilities shall be repaired or replaced in a timely manner and that all mud, building material debris and garbage are removed as required by the city.
B. Notice to a contractor to repair damages to public improvements or to replace damaged improvements shall be given by an agent of the city in writing and the contractor shall have the period of time specified in the notice to repair the damages or replace the damaged property as the notice requires. [Ord. 99-05 § 3].
12.15.040 Additional surety and debarment.
In the event the city is required to use the cash surety provided by the contractor to fulfill the contractor’s obligations defined more specifically in EMMC 12.15.030, the city shall not issue further building permits to the contractor or authorize occupancy of any premises constructed by the builder in default until the builder or the contractor has corrected, to the extent necessary, the deficiency for which the original cash surety was used, replaces the original cash surety and provides an additional cash surety bond in the amount of $15,000.
A. In the event the city is required to call the cash surety provided by the builder for a second violation of the requirements of this chapter, the city shall increase the additional required surety before issuing a renewed license to the builder to the amount of $20,000.
B. In the event the builder repeatedly and negligently damages public improvements and fails to pay the cost of the damage to be repaired, or if the cost of the facilities to be replaced exceeds the amount of the bond and the contractor does not fully repair or replace the damaged facilities and provide the additional surety required by the city, the contractor shall be subject to debarment and shall be prohibited, after notice and hearing before the city council, from holding a city contractor’s license and doing business within Eagle Mountain City. [Ord. 99-05 § 4].
12.15.050 City use of surety funds.
The cash surety bond required by this chapter may be used by the city to clean up property or repair improvements which are the responsibility of the licensed contractor which deposited the cash surety to clean up, repair or replace. The city may use the funds after notice to the holder of the contractor’s license and after a hearing before the city council unless an emergency exists and the repair or replacement is necessary to prevent further damage to public or private property or personal injury. If funds are used from the cash surety under the emergency provisions of this section, the matter shall be considered at the next meeting of the city council. [Ord. 99-05 § 5].
12.15.060 Waiver of surety.
The city may waive the surety requirements of this chapter for contractors doing business under contracts with the city. [Ord. 99-05 § 6].