"file:///C:From: Jennifer Cline
Sent: Wed Dec 03 13:34:56 2014
To: Code Enforcement
Subject: RE: Licensing
Importance: Normal
Ok, Great and thanks!!
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Code Enforcement [mailto:code@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 11:33 AM
To: Jennifer Cline
Cc: Peggy Johnson; Heather Penni
Subject: RE: Licensing
Here is the part that deals with business licenses and fines. J
Chapter 5.24
GENERAL BUSINESS LICENSING
5.24.045 Additional remedies.
B. Any violation of this chapter shall, in addition to any other remedy prescribed by this chapter, be punishable under the general penalty clause of the Molalla Municipal Code. Each day, which a business is operated in violation of this chapter, shall be deemed a separate offense and may be punishable by a separate fine for each day the license is not paid in an amount to be determined by the City and as authorized under Section 1.04.010(B)** of the Molalla Municipal Code. (Ord. 2010-13 §1; Ord. 2008-03 §1)
**
1.04.010 Designated.
GENERAL PENALTY
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the City is guilty of a violation. Except in cases where a different penalty is prescribed by any ordinance of the City, any person found in violation must pay a fine not to exceed $1,000.00.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and he or she shall be punished accordingly. (Ord. 2011-01 §1; Ord. 1982-3 §2, 1982)
Rory Strean
Code Enforcement Officer
City of Molalla
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 10:07 AM
To: Rory Strean
Subject: FW: Licensing
I would double check we can write a citation for this in our code first.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
From: Heather Penni [mailto:hpenni@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 10:05 AM
To: Jennifer Cline
Subject: RE: Licensing
That is what I suggested to Rory – write them a citation. We dismiss the citation if they get a license before the court date, if they don’t it’s up to the judge
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 10:03 AM
To: Heather Penni; Dan Huff; Peggy Johnson; Garrett Edmunds
Cc: Rory Strean; Nicolas Lennartz
Subject: RE: Licensing
I would suggest that he turns them into the state if he knows for certain they are operating without licensing, insurance and performing tax fraud. Here is a link for enforcement http://www.oregon.gov/CCB/contact/Pages/enforcement.aspx
Here is a link for tax fraud http://www.oregon.gov/dor/Pages/fraud-reporting.aspx
As for the City, if we know who they are, we can impose a fine for operating without a license when they come in to apply or if they are caught per 5.24.040(B) of the code.
B. In the event any person required to renew a business license fails to pay the license fee, a late fee of $25.00 per month or any fraction thereof shall be added to the license fee until paid this same late fee will apply to those persons receiving notice of a failure to renew a business license who have not notified the city of any applicable exemptions as listed in Section 5.24.025. If after three months of nonpayment of the business license and/or including late fees (unless a payment arrangement has been made in writing) the business shall be cited into Molalla Municipal Court and prosecuted under the general penalty of Molalla Municipal Code as stated in Chapter 1.04. (Ord. 2013-07 §1; Ord. 2010-13 §1; Ord. 2008-03 §1)
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
-----Original Message-----
From: Heather Penni [mailto:hpenni@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 9:27 AM
To: Dan Huff; Jennifer Cline; Peggy Johnson; Garrett Edmunds
Cc: Rory Strean; Nicolas Lennartz
Subject: RE: Licensing
The folks performing work that is permitted is not the issue at all.
The issue is primarily with landscapers and the costs of doing business correctly vs the costs of "I run a business that no one knows about" with no licensing, insurance, and I'm sure taxes. Therefore companies doing things the right way are getting underbid by Joe the rule breaker.
Landscapers are the issue we are discussing.
-----Original Message-----
From: Dan Huff [mailto:dhuff@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 9:24 AM
To: Jennifer Cline; Peggy Johnson; Garrett Edmunds
Cc: Rory Strean; Nicolas Lennartz; Heather Penni
Subject: RE: Licensing
Not everything requires a permit and not everything requires a CCB to perform. There are different rules when working for the City and working for a homeowner. I would rather we not become the CCB police.
That said, if you have a business and work in the City of Molalla you should have a business license. Jen is right the County should not be issuing a permit to a non CCB contractor. People get around that sometimes by having the homeowner get the permit. That is usually found out during inspections.
-----Original Message-----
From: Jennifer Cline [mailto:jcline@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 9:11 AM
To: Peggy Johnson; Garrett Edmunds
Cc: Dan Huff; Rory Strean; Nicolas Lennartz; Heather Penni
Subject: RE: Licensing
Peggy,
The County should not be issuing building permits unless these companies are licensed and bonded in the State to do the work. In regards to a City business license, I doubt the county takes the time to check for that in their current process. If businesses are not pulling permits and caught
working, then yes it will be addressed at that time. If businesses, such
as landscaping companies are doing work in the City limits, it is hard to catch these folks since they do not require any permits to do that type of work.
Rory can definitely stop and talk to these folks who are working and obviously have a service type business (i.e. advertisement on their vehicles), but I wouldn't want to push the boundary too much if it is not obvious they are operating a "service" business.
Regarding the City permits, most of the companies doing the work have already obtained business licenses in order to get building permits with the exception to the homeowner that are pouring their own driveway approach. My best suggestion is have the county verify they a Molalla business license to do any work in the city.
Jennifer Cline, P.E.
City of Molalla
Public Works Director
O: 503.759.0218
F: 503.829.3676
-----Original Message-----
From: Peggy Johnson [mailto:pjohnson@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 8:51 AM
To: Jennifer Cline; Garrett Edmunds
Subject: FW: Licensing
Jenn and Garrett,
This is a very good point that Dave has brought up. Any thoughts on what we can do to "fix" this?
Peggy
-----Original Message-----
From: Heather Penni [mailto:hpenni@cityofmolalla.com]
Sent: Wednesday, December 03, 2014 8:46 AM
To: Rory Strean; Peggy Johnson
Subject: RE: Licensing
Rory or Peggy
Can you please respond to this man. He is a local landscaper and he brings up a good point about a loophole we have in our processes. What is the consequences for business operating without a business license and who is checking out in the field.
Maybe a good thing to copy Jen or Garrett on and let's put our heads together and see if we can develop a plan.
Thanks
Heather
-----Original Message-----
From: Dave Kelly [mailto:dave@eolcllc.com]
Sent: Tuesday, December 02, 2014 4:56 PM
To: Heather Penni
Subject: Licensing
Hi Heather,
I have a question for you. How do you guys ( the city ) work on getting all the so called contractors to be legal to work in the city.
I only ask as I have bid on numerous jobs this year only to loose them to "companies" that I can't find as actual contractors. Also I see numerous posts on Facebook about various people offering services I know for a fact they have no state license to perform.
Does Rory check on these guys while he's out and about?
Seems like it possibly could be a bit of revenue for the city to get these "companies" to be licensed to work in the city limits of Molalla.
I do know that when we are in canby we are constantly checked by various city workers.
Just curious, sorry to bug you about this but it's very expensive for me to operate and I just want everyone on the same playing field.
If I can help you in any way, you know I'm just an email away.
Thanks for all you do, the city is looking great and it's very apparent we have a great group of people working for our community.
Dave Kelly
Everything Outdoors
Landscape & Construction LLC
503-849-6090
LCB#8874