§ 16.5-12. Other requirements.

(a)

Contractor registration. Any contractor, including those performing sign construction operations, within the city limits and ETJ of the city shall be required to be registered with the city under chapter 4, article I, section 4-7 of the City Code of Ordinances. Upon registration the contractor shall be considered registered with the city.

(b)

Surety bond.

(1)

Before a sign contractor shall be issued a license, he or she must first post a surety bond in the amount of five thousand dollars ($5,000.00). The licensee agrees that a surety bond will be provided annually to the city no later than thirty (30) days prior to the expiration of the surety bond currently in force.

(2)

The surety bond shall insure the full and faithful surety by the licensee of all the covenants, terms and conditions of the zoning ordinance, sign ordinance and building code of the City of Copperas Cove and stands as a security for the payment by the license holder of all valid claims by the city.

(c)

Indemnification. All persons holding a sign operator's license shall agree to indemnify and hold harmless the City of Copperas Cove, its members, agents, officers and employees, their successors and assigns, individually or collectively, from and against all liability for fines, claims, suits, demands, actions or causes of actions of any kind and nature, including, but not limited to, personal injury or death and property damage, in any way arising out of or resulting from any activity or operation of the licensee.

This indemnification shall include the issuance of the sign contractor's license. The license holder shall pay all expenses incurred in defending against any such claims made against the city; provided, however, that the license holder shall not be liable for any injury, damage or loss caused by the sole negligence or willful misconduct of the city, its agents or employees. The licensee and the city shall give prompt and timely notice of any claim made, or suit instituted, which in any way affects or might affect either party.

(d)

Revocation and suspension.

(1)

Grounds. The building official shall have the authority to suspend or revoke the license of any person who is found guilty of:

a.

Any fraud or deceit in obtaining such license.

b.

Securing sign permits in his or her name as a person authorized by law to do sign work and thereafter transferring said permit to a third party without retaining responsibility for construction and maintenance of the permitted sign.

c.

Gross negligence, incompetence or misconduct in the performance of sign work which is addressed under the provisions of this chapter.

d.

If the holder of such license violates any provision of this section relating to the manufacture, installation, maintenance, demolition or repair of any sign.

(2)

Appeal. The decision of the building official may be appealed to the planning and zoning commission by the submission, from the affected persons or parties involved, of a written letter requesting such an appeal. In determining the validity of such charges, the planning and zoning commission shall proceed upon the sworn information furnished by any individual who is of sound mind and legal age. The planning and zoning commission, whenever the information is sufficient to support further action, shall convene a hearing to investigate the charges further. A copy of the planning and zoning commission's order convening the hearing shall be provided to the requesting person or party not less than fifteen (15) days prior to the date of the hearing. The requesting person or party may appear in person or be represented by counsel, or both, and present his or her defense to the planning and zoning commission. The city attorney may provide counsel to the planning and zoning commission. If the requesting person or party pleads guilty, or if the planning and zoning commission finds the charges to be true, then the decision of the building official to suspend or revoke the license shall be upheld by the planning and zoning commission. The hearing before the planning and zoning commission provides the requesting person or party due process with which to resolve the issue.

Note: A fee as adopted in the city's fee schedule shall be required to file an appeal under this chapter.

(3)

Record. When the planning and zoning commission has completed their hearing, they shall file a record of their finding and decision with the city secretary and forward a certified copy for the finding and decision to the accused.

(4)

Length of suspension. Persons may reapply for a sign contractor's license once they have remedied the reasons for which they were suspended.

(5)

Operating while suspended or revoked. It shall be unlawful for any person whose license has been suspended or revoked by the building official to engage in or do sign work for which a permit is required under this chapter.

(e)

Enforcement and penalties.

(1)

Enforcement. The provisions of this chapter shall be administered by the chief building official. The chief building official, any building inspector or code enforcement officer or any duly authorized person shall have the right to enter upon any premises at any reasonable time for the purpose of making an inspection of buildings or premises necessary to carry out the enforcement of this chapter.

(2)

Violation and penalties. Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall be fined not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00) for each offense. Each violation of this chapter shall be deemed a separate offense and each day that a violation exists shall constitute a separate offense. This penalty should not be construed as exclusive, and the city may seek any other remedy available to it, in law or in equity.

(3)

No culpable mental state required. Except as otherwise provided in this chapter, proof of a culpable mental state is not required for a conviction of an offense under this chapter.

(4)

Injunction; civil penalties. The city shall have and retain the right to seek injunctive relief and/or civil penalties against any person, firm or corporation who is in the process of or about to violate any section, paragraph or part of this chapter. Such right of injunctive relief and/or civil penalties shall exist independent of the other penalty provisions of this chapter and not in lieu thereof.

(Ord. No. 2010-20, §§ 1, 2, 5-18-10)