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APPLICABLE CODE SECTIONS OF THE CITY CODE OF ORDIN. M in
Sec. 26-172. - Causes for disciplinary action.
(5) Diversion of funds or property received for the completion of a specified construction project or
operation or as a result of the diversion the contractor is or will be unable to rill the terms of his
obligation or contract.
Sec. 26-175. - Penalties; appeals.
(c) If a state certified contractor or a contractor possessing a certificate of competency issued by
the board pursuant to this article is found by the board, after a due process hearing, to be guilty of
fraud or a willful building code violation in the city, or if the board possesses proof that such
contractor, through a due hearing process, has been found guilty in another city or county within
the 12-month period of fraud or a willful building code violation, and the board finds, after providing
notice to the contractor, that such fraud or violation would have been fraud or a violation of a
building code of the city if committed in the city, then the board may, in addition to the penalties
that may be imposed, and other remedies that may be available to the city which are provided for
elsewhere in this section, deny the issuance of a building permit to such contractor or issue a
building permit with specific conditions which the board determines to be necessary to protect the
public health, safety and general welfare. The board shall provide notification of, and information
concerning, any denial of a building permit pursuant to this provision to the department within 15
days after the board decides to deny such building permit.
(e)ln addition to the penalties that may be imposed and other remedies that may be available to
the city which are provided for elsewhere in this section, the board is authorized to take the
following disciplinary actions against the holder of a certificate of competency issued by the board
pursuant to this article, where such holder has been found to violate section 26-171 or has
engaged in any of the acts or omissions which constitute cause for disciplinary action pursuant
to section 26-172.
(1) Suspend the certificate of competency issued by the board pursuant to this article during the
period fixed by the board, but the board may permit the certificate holder to complete any
contracts then uncompleted;
(2) Revoke the certificate of competency previously issued by the board pursuant to this article; or
(3) Place the certificate holder on probation for a period fixed by the board, but not in excess of
three years.