(Ord. 7886, passed 3-4-97; Am. Ord. 8440, passed 8-2-05)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   "City." The City of Danville, Illinois.

   "Contractor." A person or business that, in the opinion of the Director, provides construction or home repair related services within the city for remuneration. The term contractor shall also include any person or business entity that, as an individual or as a business, provides services regulated by this chapter as a "Subcontractor." Subcontractors shall generally include persons working for a contractor, but are not covered by the Contractors Workers Compensation Insurance, or General Liability Insurance, and who the contractor does not pay other payroll taxes or benefits.

   "Department." Danville Public Development Department.

   "Director." The Director of the Department, or his/her assigns.

   "Principal Service." The business services offered that generates more than 50 percent of annual revenues for said person or business.

(Ord. 7886, passed 3-4-97; Am. Ord. 8440, passed 8-2-05)

(Ord. 7886, passed 3-4-97; Am. Ord. 8303, passed 2-4-03; Am. Ord. 8440, passed 8-2-05)

   At the time of registration, every contractor engaging in work within the City shall first provide proof of liability insurance of at least $1,000,000.

(Ord. 7886, passed 3-4-97; Am. Ord. 7891, passed 3-18-97; Am. Ord. 8440, passed 8-2-05; Am. Ord. 8639, passed 3-3-09)

   (A)   All contractors wishing to do business within the City, must first receive a Certificate of Registration. Registration shall take place in the office of the Department on application forms provided thereby. The following information shall be requested on the registration forms provided by the Department:

      (1)   Name of business and business owner(s).

      (2)   Address of business and business owner(s).

      (3)   Phone number of business and owner(s).

      (4)   All services to be offered or provided, along with an indication of which services are principal services.

      (5)   Specialties.

      (6)   Verification of general liability insurance.

      (7)   Date the business was established.

      (8)   Unemployment Insurance Number and/or Federal Employment Identification Number.

      (9)   A copy of the assumed name publication.

      (10)   The Registration Form shall include a certification that the contractor understands that people working for said contractor as subcontractors must also be registered with the City, and can not be considered employees of said contractor.

   The Department may request additional information necessary to insure proper and efficient administration of this chapter.

   (B)   The contractor seeking to receive a Certificate of Registration shall sign the registration application thereby attesting to the truth and accuracy of all information provided. Providing false information shall constitute a violation of this chapter.

   (C)   The Department shall make available to the public a list of all registered contractors.

   (D)   No certificate of registration shall be issued to:

      (1)   A person who has knowingly furnished false or misleading information or withheld relevant information on an application or caused or permitted another to furnish or withhold such information on his behalf;

      (2)   A person whose Certificate of Registration issued under this chapter has previously been revoked;

      (3)   A person who has been convicted of home repair fraud or any similar offense;

      (4)   A person who, at the time of application for renewal of their certificate of registration issued hereunder, would not be eligible for such certificate upon a first application.

(Ord. 7886, passed 3-4-97; Am. Ord. 8440, passed 8-2-05; Am. Ord. 8639, passed 3-3-09)

   (A)   The fee for a Certificate of Registration shall be $100 per annum in advance, which sum shall be paid to the Department prior to the end of business on April 30 of each year. The Certificate of Registration shall expire on April 30 following its issuance. The fee shall not be prorated for a portion of a year and shall be non-refundable.

   (B)   Contractors renewing a Certificate of Registration shall pay a fee of $150 if their registration is renewed after April 30.

   (C)   Unregistered contractors found doing work in Danville shall pay a registration fee of $200 and be subject to the penalties as provided in § 165.10.

(Ord. 7886, passed 3-4-97; Am. Ord. 8440, passed 8-2-05; Am. Ord. 8639, passed 3-3-09)

   Any fees required for testing in order to receive a License under the provisions of the Chapters listed above shall be paid by the contractor before said testing is conducted.

   (A)   Notwithstanding the penalty provisions set forth in any ordinance adopted prior to the effective date of this chapter, the penalties for all cases related to this chapter shall be as described in Chapter 166 (Fines For Code Violations) contained in the Danville Code of Ordinances.

   (B)   Contractors who are convicted more than twice in a given registration year for violation of the provisions of this chapter or those of Chapters 150, 151, 152, 153 and 154 may be refused Permits, and may have their operating License and Certificate of Registration permanently revoked. No such action shall be taken except after a 15 day notice sent to the contractor by first class mail. The notice shall state the reasons for any proposed action by the Director and shall establish a date for a public hearing to provide the contractor with an opportunity to appear and defend against the proposed action. The hearing shall be conducted by a Hearing Officer within the city’s Administrative Adjudication system. After hearing evidence from both sides of the issue, the Hearing Officer shall make the final decision whether or not to authorize the Department to discontinue issuance of permits to such contractor or to permanently revoke the contractor’s licenses and certificate of registration issued by the city. If the Hearing Officer’s decision is to revoke the contractor’s certificate of registration he or she may establish any conditions under which the contractor may have his/her Licenses and Certificate of Registration renewed.

(Ord. 7886, passed 3-4-97; Am. Ord. 8440, passed 8-2-05)

   The city, and its employees shall not be liable to any affected party for any damage or injury to persons or property caused by the enforcement of this chapter when such enforcement is carried out in accordance with the procedures herein provided.

(Ord. 7886, passed 3-4-97; Am. Ord. 8440, passed 8-2-05)

   If any section, clause, provision or portion of this chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall remain in force and not be affected by such judgment.

(Ord. 7886, passed 3-4-97; Am. Ord. 8440, passed 8-2-05)