§ 4-23. Home repair services.
(a)
Definitions. For the purposes of this section, the following terms shall apply:
(1)
Building official means the person or persons of the department designated by section 4-1 or an authorized representative.
(2)
Contractor means a person who contracts (whether written, oral, express, or implied) to perform a home repair for another but does not include a person who performs a home repair in the capacity of an employee.
(3)
Employee means a person in the service of another under a contract for hire (whether written, oral, express, or implied) under circumstances in which the employer has the power or right to control and direct the person in the material details of performing the work.
(4)
Home repair means the addition, improvement, remodeling, repair, or replacement to an existing single-family or duplex dwelling or to the fixtures, land, or other permanent structures that are part of the premises on which the dwelling is located, for house leveling, siding, storm windows and doors and roofing.
(5)
Home repair license means a license issued under this section.
(6)
Licensee means a person who holds a home repair license issued to him under this article.
(7)
Owner means a person who is entitled under a contract (whether written, oral, express or implied) to the performance of a home repair.
(8)
Person means an individual, corporation, government or governmental subdivision, agency, trust, partnership, or two or more persons having a joint or common economic interest.
(b)
Administration of section. This section is cumulative of other city ordinances and does not affect the operation of other city ordinances applicable to persons or activity regulated under this section.
(c)
Home repair license required.
(1)
Every contractor who engages in home repair, as defined herein, shall first obtain a license from the city as provided by this section.
(2)
A person who is not a licensee shall not perform, agree to perform, or advertise or represent that he will perform a home repair for compensation, unless such person is:
a.
The property owner (this does not exempt the owner from obtaining a building permit); or
b.
An electrical contractor or plumbing contractor licensed or registered under city ordinances, and the kind of home repair performed or agreed to be performed is authorized by the city license or registration; or
c.
An employee of the contractor or owner.
(3)
This section does not exempt a person from the duty to comply with subsections (h) or (j).
(d)
License application, expiration, and renewal.
(1)
A person may not obtain a home repair license unless he applies for a license in the manner prescribed by this section.
(2)
A person desiring to obtain a home repair license shall file with the building official a written, verified application on a form containing the following:
a.
Name, address, and telephone number of the individual filing the application;
b.
Business or trade name, address and telephone number of the applicant;
c.
Form of business of the applicant and;
(i)
If an unincorporated association, the names and addresses of the associates;
(ii)
If a corporation, the registered name of the corporation; or
(iii)
If an individual proprietorship, the name and address of the proprietor;
d.
That an individual has not been convicted of any felony offense or misdemeanor involving moral turpitude within two years immediately preceding the date of application;
e.
That the applicant does not have any outstanding judgments against him involving claims for unsatisfactory home repairs or violation of the Texas Deceptive Trade Practices Act;
f.
Name and address of an individual designated by the applicant to receive notice issued under this section;
g.
Signature of the applicant; and
h.
Such other information as the building official determines is necessary to evaluate the license application or to otherwise promote effective administration or enforcement of this article.
(3)
A licensee desiring to renew his license shall file a written, verified request for renewal with the building official. A renewal request must be made on a form supplied by the building official, filed not fewer than ten days before the license expires, and signed by the licensee. The licensee shall furnish with his renewal request such information as the building official determines is necessary to evaluate the renewal request or to otherwise promote effective administration or enforcement of this section.
(4)
Upon the filing of a license application or renewal request, the building official shall conduct an investigation to determine whether the following requirements and qualifications are satisfied:
a.
The information contained in the license application or renewal request is true; and
b.
The applicant or licensee, an individual who is a business associate of the applicant or licensee, or an individual who is a corporate officer or the applicant or licensee, in the applicant or licensee's home repair business, or a current employee of the applicant or licensee has not been convicted twice in any court of any felony or misdemeanor involving moral turpitude within the two years immediately preceding the date that the license application or renewal request if filed. The time period between conviction and final disposition on appeal of the conviction is not included in calculating the two-year period of the conviction is affirmed; and
c.
The applicant or licensee, an individual who is a business associate of the applicant or licensee, or an individual who is a corporate officer of the applicant or licensee, in the applicant or licensee's home repair business, has not had a home repair license revoked within the year immediately preceding the date other license application or renewal request is filed.
(5)
If the building official determines that a license application or renewal request satisfies the requirements and qualifications prescribed by paragraph (4) of this subsection, the building official shall issue or renew the home repair license; otherwise, the building official shall deny the license application or renewal request.
(6)
The building official shall within ten days of the date of application notify in writing a license applicant or licensee requesting renewal, of the issuance of a license, renewal of a license, or denial of a license application of renewal request. In the case of notice of a denial of a license application or renewal request, the building official shall include in the notice the reason for denial and a statement informing the applicant or licensee of his right of appeal.
(7)
Any applicant who has been denied a license may appeal the building official's decision to the construction board of adjustments. The appeal must be made within ten days of the denial decision of the director and must be in writing.
(8)
All license applications must be accompanied with a permit and license bond, made out to the City of Terrell in the amount of $5,000.00 good for a period of one year.
(e)
License fees. An annual fee for a home repair license shall be collected in accordance with the schedule in Appendix 1 of this Code of Ordinances.
License fees required under this section are not refundable and are payable upon issuance or renewal of the license. The building official may not issue or renew a home repair license before the fee is paid.
(f)
Revocation of license.
(1)
The building official shall revoke a home repair license if he determines that:
a.
The licensee knowingly made a false representation as to a material matter in a license application, license renewal request, or hearing concerning the license, or:
b.
The licensee identified himself with a business or trade name other than that filed with the director, or
c.
The licensee, an individual who is a business associate of the licensee, an individual who is a corporate officer of the licensee, or a current employee of the licensee, while he was in licensee's employment, has been convicted in municipal court within a two-year period of two or more offenses prescribed by subsection (f). The building official shall give notice to a licensee on the date formal charges are filed against an employee of the licensee. If a licensee discharges a convicted employee within one week after his second final conviction, the licensee is not subject to revocation under this subparagraph.) The time period between conviction in municipal court and final disposition on appeal of the conviction is not included in calculating the two-year period on the conviction is affirmed; or
d.
The licensee has knowingly subcontracted with or employed, for the performance of work which requires state or city professional licensing of registration, a person who does not have the requisite license or registration, or in the alternative has negligently failed to ascertain the person's qualifications prior to subcontracting with or employing the person; or
e.
The licensee knowingly misrepresented the quality or quantity of a material or service;
(i)
Used or rendered in connection with a home repair performed or agreed to be performed by the licensee; or
(ii)
Offered or advertised in connection with the licensee's home repair business; or
f.
The licensee knowingly misrepresented the price of a material or service;
(i)
Used or rendered in connection with a home repair performed or agreed to be performed by the licensee; or
(ii)
Offered or advertised in connection with the licensee's home repair business.
(2)
The building official shall notify the licensee in writing of a revocation and include in the notice the reasons for the revocation, the date of the revocation order is to take effect, and a statement informing the licensee of his right of appeal.
(3)
A home repair license becomes void on the effective date of notification issued under subsection (2) above, and the license shall surrender the revoked license at the demand of the director. However, if the licensee appeals the revocation, the licensee may continue to operate under this license pending the appeal.
(g)
Notice. Notice required or authorized under this article must be served on the person to be notified personally or by mailing to the person at the address last-known to the building official. Notice to a licensee may be given to a person designated by the licensee to receive notice. The effective date of notice required or authorized under this article is the date the notice is personally served or postmarked, as the case may be.
(h)
Regulations for home repairs under $500.00. A contractor who performs or agrees to perform a home repair for a price of less than $500.00 shall furnish the owner upon completion of the home repair, a written memorandum (as illustrated by, but not limited to, a work order, invoice or bill) containing:
(1)
The name and address of the contractor;
(2)
A description, of the home repair performed and materials supplied, stated in a manner consistent with generally accepted local trade practice; and
(3)
A statement of the price of the home repair that includes each charge incurred by the owner and due to the contractor in connection with the home repair.
(i)
Regulations for home repairs of $500.00 or more. A contractor who performs or agrees to perform a home repair for a price of $500.00 or more shall comply with the following regulations:
(1)
Before beginning the home repair, the contractor shall furnish the owner with a written contract for the home repair containing (but not limited to):
a.
The name and addresses of the contractor(s);
b.
The approximate beginning and ending dates for the home repair job. (This requirement does not prohibit or limit contract provisions providing for contingent delays);
c.
A description of the home repair and materials to be used in the job, stated in a manner consistent with generally accepted local trade practice; and
d.
The consideration for the home repair and a statement of the other charges to be incurred by the owner under the contract (as illustrated by, but no limited to, taxes permit fees, and material costs).
(2)
Before completion of the home repair, the contractor shall furnish the owner with a written memorandum of any changes in the home repair contract made subsequent to its execution.
(j)
Penalties.
(1)
A person commits an offense if he:
a.
Violates subsection (c); or
b.
Violates subsection (h); or
c.
Violates subsection (i); or
d.
Fails to perform a duty imposed under a home repair contract, without legal excuse or justification, and with intent to violate the contract; or
e.
Advertises that he is a home repair licensee; or
f.
Intentionally interferes with the building official in the performance of his duty or exercise of his authority.
(2)
A culpable mental state is not required for the commission of an offense under this section unless the provision defining the offense expressly requires a culpable mental state.
(3)
Violations of this section shall be enforced in accordance with subsection 1-1(g) of this Code of Ordinances.
(4)
Prosecution for an offense under this section does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense.
(Ord. No. 1556, 1-3-89)