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Item 20 - Amending Subcontractor Disclosure Ordinance
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03/07/2023 Special and Regular
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Item 20 - Amending Subcontractor Disclosure Ordinance
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
20
Date
3/7/2023
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EXHIBIT A <br />ORDINANCE NO. 23-_______ <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, AMENDING <br />SECTION 8-6 OF CHAPTER 8 OF ARTICLE 1 OF THE SANTA ANA MUNICIPAL CODE <br />RELATING TO DISCLOSURE OF LICENSE AND INSURANCE REQUIREMENTS OF <br />CONTRACTORS AND SUBCONTRACTORS <br /> <br />WHEREAS, the City Council of the City of Santa Ana has previously adopted changes and <br />improvements to the baseline requirements of the California Building Codes, as reflected in Section 8-6 <br />of the Santa Ana Municipal Code; and <br />WHEREAS, Section 8-6 of the Santa Ana Municipal Code contains a series of existing <br />requirements, disclosures, and penalties for non-compliance relating to the identification of contractors <br />who will be utilized in connection with work authorized by City-issued permits; and <br />WHEREAS, the disclosure mandated by Section 8-6 can be strengthened and enhanced by (i) <br />expanding the scope of disclosure to include whether each subcontractor or its principals has any pending <br />and/or prior enforcement actions for any state or federal labor violations or paid any penalties to a <br />government agency related to the provisions of the California Labor Code, (ii) clarifying that <br />subcontractor disclosures must be updated prior to the commencement of work on a project, and prior to <br />adding or replacing a subcontractor after work commences, and (iii) allowing the City the right to issue a <br />stop work order if a contractor fails to comply with its disclosure obligations. <br />NOW, THEREFORE, the City Council of the City of Santa Ana DOES HEREBY ORDAIN as <br />follow: <br />SECTION 1. The above recitals are true and correct and are incorporated here. <br />SECTION 2. Section 8-6 of Chapter 8 of Article 1 of the Santa Ana Municipal Codes is hereby <br />amended, with additions shown in double underlining read in its entirety as follows: <br /> <br />Sec. 8-6. - License requirements of contractors and subcontractors. <br />A) No person shall be issued a permit to perform work requiring a permit under this Code, unless they <br />are: <br /> <br />1. A licensed contractor; <br />2. An employee, agent or authorized representative of a licensed contractor; <br />3. A representative of an electronically subscribed service acting on behalf of a licensed contractor; <br />or <br />4. The property owner performing their own work; <br />5. An employee of the owner, provided that the owner shows evidence of workers' compensation <br />insurance required by state and city law, and their federal tax identification number. <br /> <br />B) Subsections (C) and (D) of this Section shall apply to permits involving: <br /> <br />1. Twenty (20) or more dwelling units, including single-family dwelling units in a subdivision, in a <br />new residential or mixed-use development.
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