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Refusal to issue permit

C

Code Neophyte

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Joined
Oct 17, 2009
Messages
271
Location
Central Missouri
From my understanding of the legalities of the act of issuing a permit, it is viewed in law as a ministerial act, and not subject to the discretion of the Building Official. In other words, if an applicant makes application, provides all of the required submittals (which are correct and of sufficient clarity), pays the fee, is properly licensed, etc., etc., etc., then the Building Official cannot refuse to issue a permit.

Now to the reason for the post: If a contractor fails to obtain permits for work on a project - let's call it "Project A" - and is served notice that the permit must be obtained ex post facto, fee paid, penalty imposed, etc., but he refuses to do so, can the Building Official refuse to issue a permit for "Project B", if all of the requirements for the issuance of that permit are met? Put aside licensing issues (and shouldn't that be the way to approach this? By suspending / revoking license?), can the Building Official refuse to issue a permit for a project unrelated?
 
Re: Refusal to issue permit

I doubt it, but boy I'd love to do the plan review and inspection on project B!!! I bet I could make him cry!
 
Re: Refusal to issue permit

It depends on what the contractor knows about the law. If he knows you have to, then you have to. If he doesn't know that you have to, well then......
 
Re: Refusal to issue permit

The law is likely to be different in each state and local unit of government. The most likely first run at the question would result in a determination that each permit/project is a separate act and therefore previous bad acts can not impose an action on another (something lawyers and judges created). That would result in a penalty to someone (building owner) who was not involved in the previous acts.

There is however the contractors or design professionals license. Each bad act would be a violation of the license or the ethics laws associated with the license. Taking an action against someones license can limit their potential for future bad acts.

The unfortunate truth is that bad actors have been around for a long time. If you get their license pulled they simply use someone else's license.

Your best bet is treat each permit as a separate act. Make sure if you can, they owners are aware of their requirements.

There have been occasions where the news media discovered a bad contractor and sooner or later the contractor left town.

But the new contractor in your town may have just been run out of another town.

Good Luck.
 
Re: Refusal to issue permit

I would agree with MT and FBG and most likely handle it on Plan B like VP. I would be polite and professional but when he/she was done, they would know that the previous bad act comes with professional consequences ;)
 
Re: Refusal to issue permit

Personally, I like tigerloose's answer.

But unfortunately, I have to side with the others. If you have contractor licensing in place, that is the way to go. If not, you have to issue the permit but you can make the contractor cry when doing your review and inspections. :)
 
Re: Refusal to issue permit

Vegas Paul,

I like your response, ...that's just plain funny! :lol:

There have been a few contractors [ around here ] who I would have liked

to take to the town square and put into the stocks for some good `ol

public humilation. ;)

 
Re: Refusal to issue permit

I suppose you have to grant him permission, but the project A should be whistled out to whatever licensing agency controls his license.
 
Re: Refusal to issue permit

here at least we have an ord. that they would have to have a business license which could be revoked for failing to get a permit on project A and would not be able to pull a permit with out a license ;)
 
Re: Refusal to issue permit

What would you do if the contractor had project B's paperwork perfect and he sends his girlfriend in that looks like Pamula Anderson, would you issue the permit then? :P

I think each permit stands alone but make "um" cry anyway!
 
Re: Refusal to issue permit

I dunno, , , have you seen a picture of Pamula Anderson lately?
 
Re: Refusal to issue permit

Revoke his business license to do work in your fair city!

"I wonder if Pamula likes crackers?" :lol:
 
Re: Refusal to issue permit

What does your local law say? Your Municipal Attorney?

Has an appearance ticket been issued for the first job?

If so, what's the status?

If not, what are you waiting for?

Making them cry is good, but just make sure you don't open the door for a claim of 'malfeasance'... BAD place to go.
 
Re: Refusal to issue permit

This is more of a hypothetical or "I have a friend who...." scenario. It's actually another inspector's issue, and I (probably uninvitedly) weighed in on it. I do believe we're at the ticket issuance stage right about now.

The impetus for the posting is that someone suggested - in discussing how to deal with the intractable contractor: "We just won't issue him any more permits!!" I said I didn't think we could legally do that. Then ran straight to this board to see if I was right! :lol: :? :oops:
 
Re: Refusal to issue permit

Well... I think you are right, Project "B" should be eligible for permit approval based on its' own application.

Of course, Project "A" should be brought to a screeching halt until it gets sorted out.
 
Re: Refusal to issue permit

I posed the very same question to our City Attorney and the answer i got back was NO. However, If you have contractor licensing or registration in your city, you can establish an ordinance which allows you to suspend a contractors license or registration for failing to obtain all of the required inspections or C of O's. At that point they would be unable to obtain any permits until you reinstate their license.

Mango
 
Re: Refusal to issue permit

Kearney.200

We are looking at a more efficient and affective way to deal with the bad apples so to speak.

We are thinking of doing it through the local business license.

Any chance I could get a copy of your ordinance.

Why reinvent the wheel.
 
Re: Refusal to issue permit

"Kearney.200

We are looking at a more efficient and affective way to deal with the bad apples so to speak."

Joetheinspector,

It sounds like we are in the same stage you are. We do not have any ordinances yet that deal with contractor licensing and suspension of licensing but it is coming eventually if we cannot come up with any better options. When we develope something I will let you know.

Mango
 
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