HomeMy WebLinkAboutCHAPTER 70 CHAPTER 70. CONCRETE SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS
Updated 2016 70-1
70. CONCRETE SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS
70.01. License Required. . No licensee shall engage in the business of building or
rebuilding concrete or asphalt: (a) sidewalks; (b) driveways; or (c) curbs and gutters in the
streets, alleys or public grounds without first being licensed under this chapter. A separate
license shall be required for concrete and asphalt construction respectively.
(3918, 4/20/09)
70.02. License Application. Subdivision 1. Any person desiring to engage in
the business of building or rebuilding concrete or asphalt: (a) sidewalks; (b) driveways; or (c)
curbs and gutters in the city shall apply to the council for a license to carry on said business.
The Council shall issue a license only if it determines that the license applicant has satisfied
all of the licensing requirements found in subdivision 2.
Subd. 2. The licensing requirements for this chapter are as follows:
A. The license applicant must be regularly and actively
engaged in the business for which licensure is sought.
For a sole proprietorship, the license applicant must be
the proprietor or managing employee. For a partnership,
the license applicant must be a general partner or
managing employee. For a limited liability company, the
license applicant must be a chief manager or managing
employee. For a corporation, the license applicant must
be an owner, officer, or managing employee.
B. The license applicant must provide to the city clerk a
current street address and telephone number where the
applicant resides, and a street address and telephone
number where the license applicant's business is
physically located. A post office box address is not
sufficient to satisfy this requirement.
C. The license applicant is not a judgment debtor and has
not filed a petition for bankruptcy
D. The license applicant has not been found guilty of a
felony, gross misdemeanor, misdemeanor, or any
comparable offense related to residential contracting,
including convictions of fraud, misrepresentation, misuse
CHAPTER 70. CONCRETE SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS
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of funds, theft, criminal sexual conduct, assault, burglary,
conversion of funds, or theft of proceeds in this or any
other state or any other United States jurisdiction.
E. The license applicant has a documented history of
satisfactory experience in performing the work that is the
subject of the license application.
F. The license applicant possesses or has access to the
equipment and personnel necessary to satisfactorily
perform the work that is the subject of the license
application
G. The license applicant has shown the ability to acquire the
necessary bonds, workers’ compensation and insurance
coverage for the work that is the subject of the license
application.
H. The license applicant does not have a history of claims
as a result of past work of a similar nature involving
faulty, incomplete or incompetent work, untimely work or
a failure to adhere to agreed-upon terms of an
agreement.
Subd. 3. The license applicant or licensee must notify the city clerk within 15 days
of any change in its ability to comply with the licensing requirements provided in subdivision 2.
Subd. 4. The licensing requirements of this chapter do not apply to an employee
of a person that is licensed under this chapter. However, a licensee is responsible, and is
subject to section 70.05, for the actions of its employees in performing the work that is
licensed by this chapter. (3918, 4/20/09)
70.03. License; Bond or Insurance. No license shall be granted until the city council
determines that the applicant has satisfied the licensing requirements of this chapter and has
filed with the city clerk a certificate of general liability and motor vehicle insurance in an
amount not less than $2,000,000 each occurrence and $4,000,000 aggregate, and a $10,000
licensing bond. The licensing bond shall state that it covers defects in the work performed
during the license year with the coverage to extend for a period of two years after completion
of the work. No bond shall be accepted that attempts to spread the coverage of the bond
amount over more than one license year. The bond shall also be conditioned to save
harmless the city from any claims against it arising out of the construction by the licensee of
any sidewalk or other structure whether for the city or for a private person and shall be
CHAPTER 70. CONCRETE SIDEWALKS, DRIVEWAYS, CURBS AND GUTTERS
Updated 2016 70-3
approved as to form by the city attorney.
(3871, 6/2/08; 3918, 4/20/09; 3974, 6/21/10; 4203, 8/3/15)
70.04. License: Fee. The annual fee, including any additional fees for late renewal, for
licenses to build or rebuild concrete or asphalt sidewalks, driveways and curbs and gutters in
the streets, alleys and public grounds of the city shall be established by resolution of the city
council. All licenses shall expire on December 31 of the license year unless sooner
suspended or revoked by the council.
(3918, 4/20/09)
70.05. Revocation or Suspension of Licenses. Subdivision 1. The council may
suspend or revoke a license issued under this chapter for any of the following reasons:
A. Giving false information in connection with the application
for a license.
B. A failure to abide by the licensing requirements provided in
section 70.02, subd. 2.
C. Willful violation of any provisions of this ordinance, state
law or any regulations or policies pertaining to the work
that is performed, including the failure to maintain bonds
and insurance as required by this chapter.
D. A history of claims alleging incompetency in performing
the work that is the subject of the licensure including, but
not limited to:
(1) Faulty, incomplete or incompetent work;
(2) Untimely work;
(3) A failure to adhere to agreed-upon terms of an
agreement; or
(4) Poor or unprofessional communications with those
property owners affected by the licensee’s work.
(3918, 4/20/09)
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70.06. Permit Required. Subdivision 1. No person shall begin any work to construct,
replace, or adjust a sidewalk, driveway, or curb and gutter without first securing a permit
issued by the city engineer. The permit fee shall be as established by resolution of the city
council.
Subd. 2. Construction or replacement of a sidewalk, driveway, or curb and gutter
must be completed by a contractor holding a valid license as authorized by this chapter.
Subd. 3. Adjustment of a sidewalk or driveway concrete panel, including
realignment of an otherwise displaced undamaged concrete panel, including mudjacking,
lifting, and grinding does not require a license under this chapter. However, a permit will be
required pursuant to section 70.06. Mudjacking and lifting concrete panels can only be
permitted for panels that are settled from proper alignment. Grinding can be used to grind
the edge of a concrete panel that is lifted from proper alignment by less than ¾ inch at the
maximum misalignment and the grinding must create a flattened area for a distance of
eight inches or more along the grinding area. (4258, 7/18/16)
70.07. Property Owners. This section repealed by Ordinance #4258 on July 18, 2016.
70.08. Measuring Materials. Concrete shall be from city-certified plant-mixed
suppliers and the construction shall be in accord with the specificat ions approved by the
city engineer and the council, and on file with the city engineer. (4258, 7/18/16)
70.09. Work Let on Contract. No license or permit shall be required of a general
contractor on construction or reconstruction in streets, alleys and public grounds, where the
council lets the above work by contract on approved plans and specifications.
70.10. Marking of Work. All contractors shall be required to use a suitable stamp for
marking the completed concrete work, such stamp to include their name and the year in which
the work was completed.
70.11. Penalty. A violation of this chapter shall be a misdemeanor offense.
Alternatively, a person violating this chapter may be issued an administrative citation
pursuant to chapter 5. (4258, 7/18/16)
(66, 12/1/47; 685, 6/7/48; 686, 7/6/48; 799, 9/8/52; 1437, 2/19/68; 1834, 3/15/76; 2023,
2/20/79; 2071, 9/17/79; 2142, 8/30/80; 2218, 11/17/81; 2350, 1/17/84; 3291; 11/16/99; 3430,
12/4/01; 3871, 6/2/08; 3918, 4/20/09; 3974, 6/21/10; 4203, 8/3/15; 4258, 7/18/16)