12.45.120 Suspension or revocation of license.
(a) No contractor licensed by the City, its employee, agent or subcontractor shall cause, permit or allow any of the following:
(1) Fail to obtain the proper permit;
(2) Fail to complete all work within the specified permit limits;
(3) Fail to restore the right-of-way or easement to the same condition that existed prior to commencement of the work authorized by the permit;
(4) Fail to establish traffic control in accordance with the Manual of Uniform Traffic Control, current City-approved edition, or such other rule, regulation, or restriction promulgated by the City Engineer;
(5) Fail to notify the City of Topeka, Engineering Division construction management, of the commencement of work authorized by the permit;
(6) Fail to execute work in accordance with the City of Topeka Standard Technical Specifications and Detail Drawings, latest edition;
(7) To remove or interfere with any traffic control device in the right-of-way;
(8) To cut, damage or break any curb, gutter or sidewalk unless authorized under a permit issued by the City;
(9) To interfere with traffic in violation of TMC 12.45.080;
(10) To hinder or obstruct the repair or construction of any public improvement or other work in the City’s right-of-way pursuant to any permit issued under this article; or
(11) Fail to remove an existing obsolete driveway approach.
(b)
(1)
(i) In the event that a contractor, its employee, agent or subcontractor shall cause, permit or allow any acts prohibited in subsection (a) of this section, the contractor shall be served with a notice of the violation and given a 30-day period in which to remedy the violation or reimburse the City for the cost of repairing the defective condition.
(ii) Upon receipt of a notice of violation issued by the Public Works Director, the contractor shall have 10 days to file a written notice of appeal of the notice of violation with the Public Works Director. An administrative hearing shall be set within 10 days of the receipt of the appeal. Any enforcement of the notice shall be stayed until the hearing before the City’s Administrative Hearing Officer.
(2)
(i) In the event that a contractor, its employee, agent or subcontractor, shall cause, permit or allow any acts prohibited in subsection (a) of this section and fail to remedy the violation, the contractor’s license shall be suspended as follows:
(A) Upon the first violation of subsection (a) of this section, the contractor’s license will be suspended by the Public Works Director for one week.
(B) Upon the second violation of subsection (a) of this section, the contractor’s license shall be suspended for a period of one month.
(C) Upon the third violation of subsection (a) of this section, the contractor’s license shall be suspended for a period of one year.
(D) Upon a fourth or subsequent violation of subsection (a) of this section, the contractor’s license shall be suspended for a period of five years.
(ii) Upon receipt of a notice of suspension issued by the Public Works Director, the contractor shall have 10 days to file a written notice of appeal of the license suspension with the Public Works Director. An administrative hearing shall be set within 10 days of the receipt of the appeal. The suspension of the license shall be stayed until the hearing before the City’s Administrative Hearing Officer.
(iii) During the period of any license suspension, a contractor may not apply for or obtain any building or right-of-way access permit.
(iv) The contractor whose license is suspended shall only be eligible to apply for or obtain a building or right-of-way access permit after completion of the term of suspension and correcting the defective condition or reimbursing the City for the cost of repairing the defective condition.
(c) Provided, however, a contractor performing work for the City under contract shall be given notice of a breach of performance and an opportunity to cure as set forth in the contract documents prior to issuance of a notice of violation and/or suspension of the contractor’s license under this subsection.
(d) Provided, however, entities holding a valid franchise agreement with the City shall be given notice of violation and an opportunity to cure in accordance with the franchise agreement prior to enforcement under this section. (Ord. 18916 § 10, 6-26-07. Code 1995 § 130-164.)
Cross References:Public Works Department, TMC 2.20.100.