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Ordinance No. 10,967ORDINANCE NO. 10,967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE I "IN GENERAL," SECTION 18-1 "REGISTRATION" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO REQUIRE CONTRACTORS PERFORMING TREE TRIMMING AND DEBRIS REMOVAL SERVICES TO REGISTER AND TO REQUIRE PERSONS REGISTERED TO DISPLAY OR PRODUCE THEIR REGISTRATIONS; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 18 "Buildings and Building Regulations," Article I "In General," Section 18-1 "Registration" of the Code of Ordinances, City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 18-1. Registration. (a) -Required. Except if exempt from permitting requirements of this chapter, it is unlawful for any person to do construction, electrical, plumbing, or mechanical work within the city or to perform tree trimming or debris removal services for a fee within the city unless the person: (1) Has a current registration on file with the chief building official as required in this chapter or (2) Is working under a person who has a current registration on file with the chief building official as required in this chapter and is listed on such registration. (b) General provisions for registration. (1) An application for registration under this article must be made in writing to the chief building official on forms provided by him for that purpose and be accompanied by a registration fee of $25.00. (2) No permits or licenses may be issued by the city unless the person has completed his registration application and has obtained his registration from the city. (3) Each registration application shall specify the name, address and phone number of the applicant. If the applicant is a business entity, the applicant shall also provide the name of the owner, officers, and directors of the entity, persons authorized to work under the entity's registration along with other relevant information required by the city. (4) If a permit or license is required by law for the trade for which the applicant desires to be registered by the city, the applicant must submit the permit or license along with the application to the chief building official. (5) The applicant shall provide a valid certificate of commercial general liability insurance with minimum limits of coverage no less than those prescribed by state law for the trade for which the applicant seeks to be registered. Such certificate shall list the city as a certificate holder and provide for a 30-day notice of cancellation. (6) The chief building official shall issue the registration only after the applicant has submitted all of the required information to the chief building official. (7) Registrations under this article expire twelve months after the date of issuance. Registrations must be renewed upon the same terms and conditions as provided for original applications, including, but not limited to, the payment of the registration fee. (8) Should information contained in a person's registration application change during the period for which the person is registered, the person shall update his registration information within ten days of any such change. (9) Registrations issued under this article are not assignable or transferable. (c) Display of registration. Any contractor required to register pursuant to subsection (a) hereof shall be required to display the registration when soliciting business and to produce such registration when requested by the chief building official or the police chief or their respective designees. Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in an amount of not more than FIVE HUNDRED AND NO/100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. 7 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the nd City of Baytown this the 22na day of September. 2008. STEPHEN H. DONCARLOS, Mayor APPROVED AS TO FORM: ty Attorney \\cobsrvl\l.ega]\Karcn\l:iles\Ciiy CounciI\OrdinansesUQ0S\Septeraber 22\RegistraticmOrdinanceAmendment.doc