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HomeMy WebLinkAboutOrd 2023-3555 ORDINANCE NO. 3555 ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.72 CHULA VISTA MUNICIPAL CODE TO ENHANCE LOCAL COMPLIANCE WITH LABOR STANDARDS WHEREAS, the City of Chula Vista desires to create a culture of safety, accountability, and legal compliance to increase transparency and ensure that labor standards are upheld; and WHEREAS, California Business and Professions Code Division 3, Chapter 9 requires all persons performing contracting work on any project valued at $500 or more in combined labor and material costs to be licensed by the Contractors State Licensing Board; and WHEREAS, unlicensed contractors lack accountability and compete unfairly with licensed contractors who operate with bonds, insurance, and other responsible business practices; and WHEREAS, the City end labor exploitation by identifying labor violations and unqualified operators; and WHEREAS, enhancing local compliance with labor standards protects public health, safety and welfare and is in the best interest of the City and its residents. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.72 is added to the Chula Vista Municipal Code to read as follows: Chapter 2.72 CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING 2.72.010 Title This 2.72.020 Purpose and Intent The purpose of this chapter is to protect the public health, safety, and welfare by enhancing local compliance with the California Business and Professions Code. Ordinance No. 3555 Page No. 2 2.72.030 Definitions When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. or the Project. Chula Vista, or designee. utility permit on an emergency basis in order to ensure the continued safety and reliability of public utilities. inspection by the City. Work performed on a Project that is not subject to a Permit and inspection is excluded. demolition permit, land development permit, grading permit, construction permit, utility permit, or fire permit issued for a Project. who obtains a Permit for a Project. partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit. A) a residential or mixed-use development consisting of twenty or more dwelling units; B) a non-residential development that proposes 20,000 square feet or more of tenant improvements or additional new gross floor area; or C) utility work in the City right-of-way, excluding Emergency Utility Permit Work. Ordinance No. 3555 Page No. 3 2.72.040 Reporting Requirements A. Acknowledgement. As a condition of Permit issuance, the Permittee shall affirmatively acknowledge their obligations pursuant to this chapter. B. Duty to Provide Information. As a condition of receiving City inspections or participating in a City pre-construction meeting, the Permittee shall, under penalty of perjury, submit the following information to the City prior to each Contractor or Qualifying Subcontractor starting work on the project: 1. The identity of each Contractor and Qualifying Subcontractor that will perform the Inspected Work, whether a sole proprietor, independent contractor, company, or other entity. 2. For each Contractor and Qualifying Subcontractor so identified: a. Scope of Inspected Work to be performed. b. , if a license is required by the California State Licensing Board to perform the identified Scope of Inspected Work. c. City business license number and expiration date. d. State and federal tax identification numbers. e. ormation, including policy number and expiration date. f. Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or judgments related to the provisions of the California Labor Code or the Federal Labor Standards Act. Permittee may provide a sworn attestation from a Contractor or Qualifying Subcontractor to satisfy this requirement. 3. For work performed pursuant to a utility franchise agreement with the City, without a Permit, the information required pursuant to subsections 2.72.040(B)(1) and 2.72.040(B)(2) shall be submitted to the City concurrent with providing notice of such work. C. Duty to Update Changed Information. At any time between Permit issuance and final inspection, if a change occurs in any information submitted to the City pursuant to Section 2.72.040(B) of this chapter, the Permittee shall submit updated information to the City within 72 Holidays. 2.72.050 Penalty for Violations A. It shall be unlawful for any Permittee to fail to comply with the requirements of this chapter. Ordinance No. 3555 Page No. 4 B. City shall withhold inspections for any Inspected Work until such compliance is achieved. C. The Director of Development Services may issue a stop work order if more than one violation of this chapter is committed in connection with the same Permit. A stop work order issued pursuant to this chapter shall be made in writing and served on the Permittee via certified mail. Notice of such stop worker order shall also be conspicuously posted at the job site of the subject Permit. Continued violations of this chapter committed in connection with the same Permit may result in extended stop work periods, up to and including 180 days. D. The penalties specified in this section shall be the sole penalties available under local law for a violation of this chapter. E. In accordance with CVMC 15.04.015 and 15.06.080, no Person shall perform work or cause work to be performed prior to issuance of a Permit. 2.72.060 Effective Date This chapter shall apply to all Permits for which a Permit application is received by the City on or after January 1, 2024. No enforcement action shall be taken pursuant to this chapter until July 1, 2024. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable, or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Ordinance No. 3555 Page No. 5 Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of September 2023, by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3555 had its first reading at a regular meeting held on the 12th day of September 2023, and its second reading and adoption at a regular meeting of said City Council held on the 19th day of September 2023 and was duly published in summary form in accordance with the requirements of state law and the City Charter. Dated Kerry K. Bigelow, MMC, City Clerk