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BULLET St. Louis City Revised Code Chapter 6.12 Defective Work Complaints

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 6.12
Defective Work Complaints

Sections:

6.12.010 Right to complain--Examination--Decision.
6.12.020 Examination--Cost.
6.12.030 Complaint contents.
6.12.040 Cost estimate--Deposit required.
6.12.050 Consideration of complaint.
6.12.060 Notice of hearing.
6.12.070 Process for witnesses--Special deposit required.
6.12.080 Hearing--Testimony under oath.
6.12.090 Decision--Record.
6.12.100 Mayor to be given copy of decision.

City Counselor Ops.: 9779, 10304

6.12.010 Right to complain--Examination--Decision.

Any citizen and taxpayer of the city may make complaint to the Board of Public Service that any public work is being done contrary to contract, or that the work or material used is imperfect or different from what was stipulated to be furnished or done. The Board shall receive and examine the complaint, and may appoint two or more members of the Board to examine and report on the work. After the examination, or after considering the report of the Commissioners so appointed, the Board shall make the order in the premises as shall be just and reasonable and in accordance with what the public interest seems to demand. The decision of the Board shall be binding on all parties.
(1948 C. Ch. 16 21: 1960 C. 103.010.)

Charter:

Art. III 7: Complaints as to execution of contracts

6.12.020 Examination--Cost.

The entire cost of making the examination, under the provisions of Section 6.12.010, including the taking of testimony, when necessary, examining the work, testing the material and of replacing work disturbed in the examination shall be borne by the contractor if the complaint is decided to be well founded, or by the complainant if found to be groundless.
(1948 C. Ch. 16 22: 1960 C. 103.020.)

6.12.030 Complaint contents.

The complaint described in Section 6.12.010 shall be in writing, filed with the Secretary of the Board of Public Service, shall give the full name and residence and business address of the complainant, and shall specify the work complained of and general nature of the complaint and of the evidence to be offered.
(1948 C. Ch. 16 23: 1960 C. 103.030.)

6.12.040 Cost estimate--Deposit required.

Upon receipt of any complaint described in Section 6.12.010, the Board of Public Service shall make an estimate of the cost which would arise from consideration of the complaint, including that of replacing work injured by the examination and the taking of testimony when necessary. The complainant shall be required to deposit with the City Treasurer the sum so estimated, which sum shall be a special fund, out of which shall be paid, upon the certificate of the President of the Board, the cost incurred by consideration of the complaint and of replacing the work if the complaint shall be found groundless. Any residue of the special fund shall be returned to the complainant or the whole sum if the complaint is well founded. If the complainant fails to make the required deposit within five days after notice of the amount required, the complaint may be dismissed by the Board.
(1948 C. Ch. 16 24: 1960 C. 103.040.)

6.12.050 Consideration of complaint.

When the deposit required by Section 6.12.040 shall have been made the Board of Public Service at its next meeting shall consider whether the complaint may be determined upon oral or documentary evidence, only, in which case the Board shall fix the day and hour for receiving evidence and consideration of the complaint. But if the nature of the complaint is such as to require examination of work done or material furnished, the Board shall appoint two or more of its members as Commissioners to make examinations and tests and report the facts found to the Board. When the Commissioners make a report the Board shall fix a day and hour for the consideration of the complaint.
(1948 C. Ch. 16 25: 1960 C. 103.050.)

6.12.060 Notice of hearing.

Notice attested by the Secretary of the Board of Public Service of the day and hour fixed for consideration of a complaint shall be served by mailing a notice of the day, hour and place of hearing such complaint and copy attested by the Secretary of the Board, of complaint to the address given by the complainant and to the business or residence address of the contractor whose work is complained of, or by delivery in person.
(1948 C. Ch. 16 26: 1960 C. 103.060.)

6.12.070 Process for witnesses--Special deposit required.

The President of the Board of Public Service shall have full power and authority to issue all needful process for the attendance of witnesses and the production of papers. The process shall be executed by the City Marshal. The party applying therefor shall deposit with the City Treasurer an amount equal to two dollars ($2.00) for each witness as a special fund to pay cost of service and attendance of witness.
(1948 C. Ch. 16 27: 1960 C. 103.070.)

6.12.080 Hearing--Testimony under oath.

The Board of Public Service shall proceed with the hearing of the complaint on the day fixed as provided in Section 6.12.070. The complainant and contractor shall be entitled to be heard by himself or by counsel. All testimony of witnesses shall be given under oath, and the president or president pro tempore of the Board is authorized to administer such oaths.
(1948 C. Ch. 16 28: 1960 C. 103.080.)

6.12.090 Decision--Record.

After full hearing the Board of Public Service shall render its decision as soon thereafter as practicable, which decision shall be concurred in by a majority of the members thereof present at the hearing. The decision, with the names of the members voting for or against, shall be set out in the records of the Board.
(1948 C. Ch. 16 29: 1960 C. 103.090.)

6.12.100 Mayor to be given copy of decision.

Immediately upon the rendition of the final decision the President of the Board of Public Service shall furnish the Mayor with a copy of the records of the Board relating to the complaint and of the final decision.
(1948 C. Ch. 16 30: 1960 C. 103.100.)

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