Posted on 02/10/2006 9:56:07 AM PST by tertiary01
Jeff Miller, right, with the Statewide Investigative Fraud Team, SWIFT, explains to Michael Gomez, that he needs a contractor’s license to do any contracting work over $500. Gomez was arrested, cited for not having the license and released, during a sting operation in Napa, Thursday.
Manuel Gomez looked stunned and confused as two Napa police detectives put him under arrest just as he clenched a contractor job with what he thought was a Napa homeowner.... see article
http://www.napavalleyregister.com/articles/2006/02/10/news/local/iq_3294552.txt
(Excerpt) Read more at napavalleyregister.com ...
Could you add another b to nab...ed in the title?
Wihtout her permission?
Check out California CIvil Code Sections 660 and 3346
and
California Code of Civil Procedure sections 733 and 734,
Heck, here in SF we can't even cut down our own trees.
He says he is not a contractor. Since he can't read or write, he is not able to draw up a contract. He is therefore a hired employee.
"In California, the underground economy cost unsuspecting home and business owners from $60 (billion) to $160 billion a year," Vega said. "And the largest part of that is unlicensed contractors." Vega said these people prey on victims of disaster. "They don't have the skills to do work that meets the codes, and many times, they take huge down payments for work and skip the area."
Homeowners who hire unlicensed contractors are looking for potential problems. If workers are injured on the job, they can sue the owner for medical bills, since unlicensed contractors are not covered by state worker's compensation. Also unlicensed contractors are not insured for the work they do. So, if they damage property while doing a job, the homeowner will have to try to recuperate the losses through homeowners insurance.
Pardon me for swimming against the tide, but IMO licenses are just another way for government to tax its citizens.
If I want to hire Joe Schmo to build me a fence or add a room, it's my business to make sure I don't get ripped off. NOT the government's.
Then you can't complain when the fence prematurely falls down and the guy is long gone.
Most county ordinances for fences are so involved you really do need a licensed contractor just to understand the regulations so your home owner's insurance will cover your liability.
I don't condone the over regulation of construction, but when something dire happens even many posters here will clammer for more oversight and try to make it someone elses responsiblity.
Here in Napa the neighbor had an illegal contractor cut 6 fully mature native species off my Mom's property within a stream set back, cut them up and sent them to the dump. His excuse was they were ruining his "viewscape". The county calls it a civil matter. They say they do not officially have any tree regulations.
Yup. no permission, of course he said that he also owned the land and fenced it off. We did pursuade him to move the fence back to the property line but the trees are long gone. He is now currently suing my mother.
I hope she counter sues for theft/destruction of property. Good Luck.
I may be wrong, but I was under the impression that the "borrowing" of these licenses in CA was extensive?
In this area it seems standard operating procedure to hire gangs of illegals under some "Jefe". They follow their employer's orders without question and then of course the the employer gets to blame any problems (when caught) on them after they are long gone, usually citing communication problems.
My mother's neighbor has extensive real estate all over the county and I'm sure has built his empire with this type of labor as he still prefers to hire those lacking in English language skills and no contractors license.
The situation in TX certainly more relaxed.
As for the illegal labor aspect. Hispanics are used extensively in constuction and and their legal status is hard to determine. Most people care little about that.
Maybe I'm becoming more of a libertarian than I thought because the older I get, the less government seems able to accomplish even the simplest of tasks in my behalf.
Whatever they touch costs me more and serves me the least. If I hire someone (recommended by friends) to work for me I accept complete responsibility for the outcome. This has served me well in the past and I see no reason to expect less in the future.
Government is NOT my friend nor my protector.
Its faster if you Report Abuse on yourself and make our request.
Careful, .. two can play the socialist regulatory game. Perhaps the pruning was done by a good Samaritan who kept your Mom from being fined for not keeping her property free from fire hazards and overgrowth. If it was a neighbor, they now might have grounds to file a mechanic's lein on her property if she refuses to maintain it and threaten the public safety.
IMHO, the regulation is primarily intended to protect an unwary public from fly-by-night 'contractors' who fail to abide or become cognizant of applicable codes. The regulation initially makes the agreement between the unlicensed contractor and the owner, an unenforcable contract. This means no incentive for an unlicensed contractor to take too great of market share from regulated licensed contractors, simply to finance the municipal code enforcement mechanisms.
By no means does the agreements between two private parties require municipal or county permission.
The socialist state of California would like for its citizens to believe that anybody who doesn't make themselves slaves to the state are criminal by default, but this isn;t Constitutional.
In the case of handcuffing somebody for tree pruning, its nuts. IMHO, let Napa burn the next time a wildfire arises and kick its residents out of house and home. Allow the insurance agencies to nullify all homeowner's insurance policies due to county interference of responsible real estate maintenance by the common man.
The codes had a $500 threshold back in the early 90s. IMHO, they probably need to be increased due to inflation to about $5000.
Correct. Anybody of sound mind can enter a contract, as long as it is done knowingly, willingly, and voluntarily.
And no state can write any laws that impair or abridge the obligation of contracts.
Of course, they routinely disregard the Constitution anyways...
I guess it boils down to human nature, greed and the percentage of the population that might sanctify the group.
I understand the reason for codes. I understand that such codes without enforcement are impotent. I also understand how many who enforce the codes have intentions of keeping dishonest people from victimizing the public. In No CA though, there seems to be a socialist perspective that thrives on arrogant legalism from groups of very 'liberal' but indignant government workers.
In that region between San Francisco and halfway to Oregon, there seems to be an enmity against any blue collar, or tee-shirted workman simply making an honest day's wage for an honest day's work. This story strikes me as more prone to making a scene for the rich folk, with complete disregard for the po'folk even having any semblance of human rights. And that would make sense in that area and geopolitic, because many liberals in that area have made a lot of money and have buying power where they can nonchalently hire fly-by-night contractors routinely, without ever feeling the consequence even if they get ripped off. The response by their socialist elite, might be to maintain social decorum amongst the hotsy totsy by making such bizarre arrests.
Meanwhile people like Feinstein, Boxer, Miller and Conyers get elected to public office. Go figure.
"If I hire someone (recommended by friends) to work for me I accept complete responsibility for the outcome. This has served me well in the past and I see no reason to expect less in the future. "
The work of a contractor usually lasts for decades, so it is passed on to the future owners. I'm a plumbing contractor and often see incredible mistakes done by amateurs and even guys who should know better but don't care. Getting a license and holding on to it is a strong indicator the guy is at least somewhat responsible. When you meet a 40 year old guy that says he knows a trade and wants to do your work, ask yourself why doesn't he have a license? I see water heaters that have obviously been installed by a skilled handyman, but a couple of minor mistakes take away from the longevity of the installation or, often make the W.H. possibly deadly, for example venting. Many times I've seen a leaking T&P (on a water heater)valve simply capped, which seems logical to a layman.I could write pages on how the Home Depot mentality is wasting money, I have done many remodels that had already been done by unskilled help only 5 or 7 years before, that is wasted money on cheap materials and bad workmanship.
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