SHERIDAN — Sheridan City Council will conduct a special meeting today in order to address a piece of city code described by city attorney Brendon Kerns as illegal.
According to city ordinance, any person who wants to be a building or construction contractor must obtain a license, which requires that person to receive training, pass a test and post a bond. The contractor is then responsible for the projects he or she oversees.
Within city code, though, is a section that allows for the revocation of a contractor’s license as a penalty for violating city building codes.
According to Kerns, “a revocation is a drastic action which has only occurred one time that staff is aware of.”
Under the revocation process as currently written, the building official makes a recommendation for revocation then an evidentiary hearing is heard by the city board of appeals. If that board approves the revocation, the licensee can appeal.
Kerns said the current issue is that the appeal would go before Sheridan Municipal Court, which does not have the jurisdiction to hear administrative appeals.
“Thus, if the city were to ever revoke a license, the appeal process is invalid,” Kerns said in a memo to city council.
In the proposed change to the ordinance, Kerns said he sought to flesh out the due process for the revocation of contractor licenses.
Under the proposed revisions, a revocation notice would be provided to the license holder, then a hearing would be scheduled with the board of appeals. If the license holder disagrees with the board of appeals’ decision, he or she may appeal to the city governing body rather than Sheridan Municipal Court.
Kerns said any appeal beyond the city governing body would go to the 4th Judicial District Court.
While some city council members have expressed concern in the past about ordinance changes and updates moving too quickly, Kerns stressed the importance of fixing the illegality of the revocation ordinance as currently written.
Sheridan City Council will meet at 5:30 p.m. Monday to hear the proposed changes and vote on the first reading of the edits.
