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Ordinance 2003-34
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O-2003-34

AN ORDINANCE

AMENDING CHAPTER 8.06 OF THE LAKEWOOD MUNICIPAL CODE PERTAINING TO THE LICENSING OF TREE CONTRACTORS

WHEREAS, it is necessary to amend the Lakewood Municipal Code to allow the Forestry Supervisor to be the person responsible for the licensing of tree contractors;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:

SECTION 1. Subsection 8.06.110 of the Lakewood Municipal Code is hereby amended to read as follows:

Application for license.
Tree contractors shall make application to the Forestry Supervisor for a license on forms furnished by the Forestry Supervisor. The Forestry Supervisor shall not accept an application which is not complete in every detail. Upon receipt of an application, the Forestry Supervisor shall evaluate the applicant's qualifications. The Forestry Supervisor or his designee shall evaluate the applicant's qualifications based on his/her prior experience, or if the applicant has little or no prior experience, the Forestry Supervisor or his designee shall administer a standard test to determine applicant's qualifications. The Forestry Supervisor or his designee shall approve or deny the license based on his evaluation of the applicant's experience or test results. If the Forestry Supervisor finds the applicant has met the requirements of this chapter and has been determined to be qualified, the Forestry Supervisor shall issue the applicant a license. If the Forestry Supervisor finds the applicant has not met the requirements of this chapter or the Forestry Supervisor or his designee determines the applicant is not qualified, the Forestry Supervisor shall deny issuance of the license. An applicant who is denied a license shall be notified of the denial and the grounds therefore in writing. An applicant may request review of the denial by the City Manager or his designee in writing within ten days of his/her receipt of the notice of denial. The decision of the City Manager or his designee shall be final.

SECTION 2. Subsection 8.06.170 of the Lakewood Municipal Code is hereby amended to read as follows:

Denial, suspension, or revocation of license.
The Forestry Supervisor may refuse to issue, suspend or revoke a license, as the case may be, if a contractor has had his license suspended or revoked in another state or city, has refused to provide the Forestry Supervisor with adequate information as requested, or has provided false information regarding himself or his firm in the application for a license. The Forestry Supervisor may also suspend or revoke a license if it is determined that the licensee no longer meets the requirements of this chapter or that he or his employees have engaged in any fraudulent or illegal practices. Licenses will be immediately suspended if insurance is allowed to lapse or if the standards for arboricultural practices are not adhered to.

SECTION 3. Subsection 8.06.180 A. and B. of the Lakewood Municipal Code is hereby amended to read as follows:

Regulation-Pesticides.
A. Any tree contractor licensed to do business in the city who applies pesticides in the city shall register his current commercial applicator business license, issued by the Colorado Department of Agriculture, with the Forestry Supervisor's office.
B. Any commercial pesticide applicator who applies pesticides within the city shall register his commercial applicator business license number with the Forestry Supervisor's office.

SECTION 4. This ordinance shall take effect thirty (30) days after final publication.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 24th day of November, 2003, published in full in the Lakewood Sentinel on the 27th day of November, 2003; set for public hearing on the 8th day of December, 2003; and signed and approved by the Mayor on the 9th day of December, 2003.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

Approved as to form:
City Attorney