For the purpose of this article the following definitions shall apply:

(a)   Building Trades: Shall include anyone operating as a building, plumbing, electrical, mechanical, demolition, or moving contractor.

(Code 2003)

There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of the city inspector.

(Code 2003)

The provisions of this Article shall apply to the construction, alteration, moving, demolition, repair, and maintenance in the trades of building, plumbing, electrical, and mechanical. Situations that are unique to a trade are addressed in the article that applies to that particular trade.

The city inspector shall keep a record of the permits issued and the inspections made and shall make monthly reports to the council at its regular meeting of the duties performed by him or her under this article. He or she shall from time to time make his or her recommendations respecting the enforcement of this article. He or she may make or cause to be made investigations of new developments and practices in the building industry relating to improvements or changes therein and may accept duly authenticated reports from recognized sources of new materials or modes of construction.

(Code 2003)

When an application for a building permit shall be made as provided by section 4-122 of this article, it shall be the duty of the city inspector to examine the same and call the attention of the applicant to the ordinances of the city relating to the proposed work, and upon being satisfied that the work can be done in accordance with the ordinances, he or she shall endorse his or her approval upon the same, and the fees required by section 4-123 of this article shall be paid to the city clerk. It shall be his or her further duty to inspect all buildings or structures during the course of the proposed work to see that the provisions of the ordinances respecting all such work are complied with and followed. Whenever he or she shall determine that any such work is being carried on in violation of any ordinance regulating such work, he or she may order all work to be stopped and may require suspension of the work until the condition or violation has been remedied.

(Code 1967, 5-307)

Whenever the city inspector shall refuse to grant his or her approval of any application for a building permit or when he or she shall order any work being done under a permit to be stopped or suspended the party aggrieved thereby may appeal within 10 days from the decision of the official to the city council for its decision thereon. Such appeal shall be in writing and filed with the city clerk and shall state the facts tending to show that such party is entitled to a building permit or that work is being done in accordance with the permit granted therefore. The council shall hear the appeal not later than its next succeeding regular meeting and determine the matter in accordance with the ordinances of the city.

(Code 1967, 5-308)

All construction or work for which a permit is required shall be subject to inspection by the city inspector and all such construction or work shall remain accessible and exposed for inspection purposes until approved by the city inspector. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.

(Code 2003)

It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the city inspector nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

(Code 2003)

It shall be the duty of the person doing the work authorized by a permit to notify the city inspector that such work is ready for inspection. The city inspector may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the city inspector.

(Code 2003)

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the city inspector. The city inspector, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or his agent wherein the same fails to comply with this code. Any portions which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the city inspector.

(Code 2003)

There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use.

(Code 2003)

Each contractor engaged in the building trades shall, before entering upon any construction work, wrecking or moving any building, subject to these regulations, apply to the city inspector for a building contractors license and receive the same as hereinafter provided and have in his or her possession a valid license authorizing him or her to engage in the trade or occupation as a contractor according to his or her license. No permit for any building or construction work shall be issued for any such work to be performed by a contractor, who has not first obtained a license. It shall be unlawful for any person to enter into a contract or agreement with another so as to bring himself or herself under the definition of a contractor, or to perform any work as a contractor or any work under a contract for any work involving the construction, wrecking or removal of any building without having first obtained a contractor’s license.

(Code 2003)

(a)   Application for a contractor’s license shall be made upon a form to be supplied by the city inspector. The applicant for a contractor’s license shall indicate his or her knowledge of the applicable code by passing the examination administered by Block and Associates, or the International Conference of Building Officials, or the Inspections Department of Garden City, Kansas, or the equivalent. The applicant may also show evidence of having passed such an examination by presenting a copy of a current license from Garden City or some other jurisdiction of similar size. Application of a license may be made by an individual or a firm or a corporation. When a license is issued to a firm or corporation, at least one active member or employee must meet the requirements outlined in 4-113.

(b)   The application shall be approved by the city inspector and the mayor prior to become effective.

(Code 2003)

Before any license shall be issued to any contractor as required by Chapter 4 of the Code of the City of Lakin, Kansas, the contractor shall secure and file with the city inspector a Certificate of Insurance providing for public liability insurance coverage including bodily injury and property damage insurance coverage in an amount not less than $100,000 per occurrence. The certificate shall be executed by the resident agent of an insurance company authorized to do business in the State of Kansas and shall state that the required policy of insurance has been issued by such company for the purpose required by this article and that the insurer will not cancel the policy except upon giving 30 days notice in writing to the city; and that a current certificate shall be kept on file for the license to remain valid.

(Code 2003)

(a)   General Contractor: One who shall qualify to engage in all kinds of contract work, except house moving. Further clarification in section 4-204.

(b)   Limited General Contractor: One who shall qualify to engage in one specified contract work, except for the erection of buildings.

(c)   House Mover: One who moves or wrecks buildings.

(d)   Sign Hangers: One who constructs and/or installs signs or panel posters.

(e)   Plumbing Contractor: One who designs and/or installs, or alters, water, sewer, or gas systems in a structure or a system related to a structure.

(f)   Electrical Contractor: One who designs and/or installs, or alters electrical wiring and fixtures.

(g)   Mechanical Contractor: One who designs and/or installs, or alters heating and/or air conditioning systems.

(h)   Plumbing/Mechanical Combination Contractor: One who designs and/or installs both plumbing and mechanical systems.

(i)    Tree Trimmer: One who removes or trims trees

(Code 2003)

It shall be unlawful for any licensee hereunder to contract for any kind of work covered by this article other than that specified in his or her license, without first having an approved license for such contracts.

(Code 1986)

(a)   Authority. The license of any contractor may be suspended temporarily, for a period not to exceed 30 days at any one time, by the city inspector upon his or her own motion for cause.

(b)   The license of any contractor provided for in this article shall be refused, revoked or suspended for cause by the governing body upon its own motion or upon recommendation by the city inspector. Any of the following shall be deemed sufficient to subject the holder of a license to revocation or suspension:

(1)   Misrepresentation of a material fact in obtaining a certificate, license or permit;

(2)   Willful or repeated violations of the building or construction code, or failure to comply with any lawful order of the city inspector;

(3)   Use of a license to obtain building permit for another;

(4)   Failure or neglect to observe conditions of a permit authorizing    encumbering of streets or sidewalks for safety of public;

(5)   Abandonment of any contract without legal cause;

(6)   Misrepresentation of a material fact by the applicant in obtaining a license or by failure of any licensee to fully satisfy all claims for labor or materials used in the performance of any work for which the licensee has been engaged and for which the licensee has been paid;

(7)   Bad faith or unreasonable delay in performance of construction work;

(8)   Failure to obtain permits;

(9)   The filing of any lien for labor, equipment, material or supplies used for the improvement of real property under contract and the foreclosure and final judgment rendered on the lien against any licensee.

(10) Any final judgment rendered under law against a licensee for the performance of services or failure to perform services under a contract with a property owner and the failure to satisfy the judgments within 10 days;

(11) Diversion of property received for performance or completion of a specific contract, or for a specified purpose in the performance or completion of any contract and the application or use for any other contract, obligation or purpose, or the failure, neglect or refusal to use such property for the performance or completion of such contract without legal cause.

(c)   Notice. Notice shall be given in writing to such contractor giving reasonable notice of time of hearing of the complaint or the matter alleged against such contractor involving the hereinabove stated allegations.

(d)   Appeal from Suspension. Any licensee may appeal in writing to the city council from any order of the city inspector suspending the license for its final decision thereon. The council may upon such hearing terminate such suspension within 30 days thereafter, or may revoke such license or continue such suspension. If any license shall be revoked, the contractor shall not be eligible for a new license during a period of six months thereafter. No fee shall be refunded in event of the suspension or revocation of any contractor’s license.

(e)   Effect. It shall be unlawful to engage in the occupation of contractor during the time any license of such contractor has been suspended or revoked.

(Code 1986)

Each license issued pursuant to this article shall set forth the kinds of contract work in which the licensee may engage.

(Code 1986)

A licensee hereunder shall display his or her license at any place where he or she may be engaged in contract work, or at home office, or produce the same on demand of city inspector.

(Code 1986)

The following license fees shall be paid for the calendar year or any fraction thereof for the licenses required herein:

(a)   General contractor:                                        $50

(b)   Limited contractor:                                        $40

(c)   House movers:                                               $40

(d)   Sign hangers:                                                 $30

(e)   Plumbing Contractor:                                     $50

(f)   Electrical Contractor:                                     $50

(g)   Mechanical Contractor:                                  $40

(h)   Plumbing/Mechanical Combination:                $60

(i)    Tree Trimmers                                               $30

(Code 2003)

All licenses issued pursuant to this article expire on December 31 of the year issued and shall be renewed annually as in the case of original license, on or before the first day of January of the year for which issued. License renewal fees for the calendar year shall be paid according to the following schedule:

(a)   General contractor:                            $40

(b)   Limited contractor:                            $35

(c)   House movers or wreckers:                 $35

(d)   Sign Hangers or panel posters:            $30

(e)   Plumbing Contractor:                         $40

(f)   Electrical Contractor:                         $40

(g)   Mechanical Contractor:                      $35

(h)   Plumbing/Mechanical Combination:    $45

(i)    Tree Trimmers:                                  $30

(Code 2003)

It shall be unlawful for any person, firm, or corporation to build, enlarge, alter, or move any building; or to install, repair, alter or extend, pipes, fittings, fixtures or appliances for the water or sewer system or for use of natural gas connected to or related to any building; or to make any material alteration in the existing wiring of any building or structure or to wire the same for electric light, motors, heat devices or any apparatus requiring the use of electric current; or to install, remove, alter, repair or replace any mechanical fixture for or in a building, within the city or within three miles of the city, without a permit therefore issued in accordance with the provisions of this article. No permit shall be issued except upon a written application filed with and approved by the city inspector. Such application may require a plan of the proposed work together with a statement of the materials to be used, the estimated value or cost of the building or structure, the place to be constructed, altered, located, or relocated, the purpose for which the building is proposed to be used, and if it is an existing building or structure, the purpose for which it was originally constructed or designed.

Permits shall be issued to licensed contractors for work pertaining to his or her particular license and to a homeowner working on his or her own home.

(Code 2003)

The following fee shall be paid to the city clerk on the approval of any application for a building permit by the city inspector:

(a)   The permit fee for any existing building or structure that is altered or enlarged, shall be $.08 per sq. ft. for the area involved in the alteration or enlargement, but no less than $20.

(b)   The permit fee for any newly constructed building or structure shall be $.08 per sq. ft. at ground level, but no less than $20.

(c)   For every structure or unit, in case of multiple units, where plumbing work is done, there shall be paid a $20 permit fee.

(d)   For every structure or unit, in case of multiple units, where electrical work is done, there shall be paid a $20 permit fee.

(e)   For every structure or unit, in case of multiple units, where mechanical work is done, there shall be paid a $20 permit fee.

All fees shall be received by the city clerk and deposited by him or her in the city treasury to the credit of the general operating fund of the city.

(Code 2003; Ord. 803; Code 2018)

A reinspection fee of $20.00 may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.

(Code 2003; Ord. 803; Code 2018)