Sec. 126-174. Contractor's guarantee.
(a) Generally. The contractor, by acceptance of the license issued under this division, expressly guarantees all work done by him or her for a period of one year from and after the date of final completion and agrees upon demand to maintain and make all necessary repairs to the work during the one-year period without additional charge or cost to the adjacent property owners or the City. This guarantee shall include all repairs growing out of:
(1) Imperfections or unsuitability of material or composition;
(2) Defects in workmanship;
(3) Settling of fills or excavations;
(4) Weather;
(5) Any unauthorized difference in the work from that shown on the approved plans; or
(6) Damage to the work prior to completion of construction.
The guarantee shall extend to the whole body of the project and the repairs under it may extend to a total reconstruction of the entire project, if, in the judgment of the director of public works, based upon the plans, specifications and good engineer practices, such total reconstruction is necessary. Any repairs made shall be further guaranteed for one additional year from the date of completion and inspection of the repair.
(b) Final inspection. On or about the expiration of the one-year warranty period, the contractor will contact the director of public works to perform a final inspection of the completed project. The director of public works shall inform the contractor of any necessary repairs and after completion of repairs, shall issue a written notice to the contractor that the completed project is acceptable to the city for maintenance. No work shall be considered accepted by the city until all necessary repairs are complete and the director of public works has issued a letter of final acceptance.
(c) Necessity for repairs. The determination of the necessity for repairs rests with the director of public works. When the director of public works has determined that repairs or reconstruction of any project or part thereof are necessary based on any of the acts or omissions enumerated in subsections (a) and (b) of this section within the guarantee period, the action shall be as follows:
(1) The director of public works shall by certified mail, return receipt requested, give notice to the contractor of the necessary requirements to bring the construction into conformance with the plans and specifications.
(2) If the contractor disputes the necessity of repairs, he or she may request a hearing. This request shall be in writing to the director of public works within seven days after the sending of the notice for repairs.
(3) If the contractor fails to object in writing within seven days from the date of notice or if the contractor fails to begin the necessary repairs or reconstruction as required by the director within ten days from the date of notice, the city may proceed to have such repairs or reconstruction done and charge the cost of the repairs or reconstruction to the contractor. The time to make the necessary repairs may be reduced by the director of public works when in the interest of public safety. The time may also be extended due to the complexity of the project or weather considerations. The contractor shall have 30 days after formal notification of the cost of the repairs to make full payment to the City. If payment is not received within the 30-day period, the city may institute an action upon the bond of the contractor or may cause to be instituted a proceeding for the imposition of a lien upon the property of the contractor or the abutting owners.
(4) If a hearing is requested by the licensee, the director of public works shall set a time, place and date and shall so notify the licensee. The hearing date shall be not more than 45 days from the date of receipt of the request for a hearing. The licensee shall be afforded a minimum period of seven days between service or mailing of the order and the hearing.
(5) When a hearing is conducted, the licensee and other interested parties may be in attendance. Upon completion of the hearing, the director of public works shall take all evidence admitted under advisement, and shall within ten days transmit the findings and rulings to the licensee. The findings and rulings shall be rendered in writing by certified mail or personal service, and, if appropriate, shall contain the date upon which the repair or reconstruction shall commence.
(6) All mailings shall be to the last known address of the contractor as shown on the license. The contractor shall be considered notified if the mailing is returned by the United States mail service with the notation that such mailing is either unclaimed or undeliverable and the order was addressed to that address indicated on the license application.
(d) Appeals procedure. The decision rendered by the director of public works may be appealed within 30 days by the contractor to that administrative body delegated by this Code to hear such matters in accordance with the rules and procedures established by that body. Such body shall determine, after the taking of testimony of both parties, whether or not the defect arose out of one of the six reasons stated in subsection (c) of this section and if such is found to be the case, the director's initial order shall stand.
(e) Delegation of authority. For a hearing, the director of public works may appoint a qualified member of the public works department to sit in his or her place as the hearing official. The final decision shall be rendered by the director of public works.
(f) Incomplete request. If the request is not completed within a reasonable time, the director of public works or his or her authorized representative may record with the clerk and recorder of the appropriate county to that effect.
(g) Release. When the condition upon which the notice was based has been corrected, the director or his or her authorized representative shall record a release of such notice. (Code 1979, § 34-47; Ord. No. 98-96, § 4, 1-11-1999)