City charging for asbestos inspection, Is this right?

[workshoprat92]

It has always been required in the local city in which I work to get an asbestos inspection and abatement prior to getting a demolition license. Which I have spent great amounts of money on over the years. Now on the last permit I pulled they informed me that someone from air quality department had to come out and inspect my site before I could be issued a permit. Ok he was sent out was not there for more than a few minutes and left. we latter received our permit for demo. A week after the Job was completed I recieved in the mail a $116 bill from the city for a asbestos inspection. Now right off this just burns my ass. At no time did they inform me this new inspection was an extra charge to the permit fee and billed me way after the fact. So what now I have to pay for 2 asbestos inspections?

I think my position is this and I wonder what you guys think on this. I feel that now that the city is charging me for a service for monetary gain or profit that they fall into the category as any other business. Therefore they are now a subcontractor to my prime contract and as such need to furnish me with all documentation that any subcontractor would need to provide before payment can be remitted. Documentation like a copy of their general liability insurance. workman's comp insurance, IRS form 1099 or W6 and so on. In addition I feel they need to provide me with an asbestos inspection report and list of sampled materials as well as all the inspectors credentials.

I do not believe this to be an unreasonable request for services rendered and is the norm for all other contractors.

What are your thoughts?

 

[workshoprat92]

96 views and no opinions? really?

 

[lantraxco]

My opinion is: Don't steal, the government hates competition.

In other words, that really sucks, but you probably can't fight city hall.

Hang in there,
Lanway

 

[workshoprat92]

But the thing is that you can. It is because of attitudes just like that, that allows them to win. how much is to much? when will you be willing to stop bending over and say please insert here? (not saying you personally but everyone out there) sorry if this ruffles feathers and I know this probably IS a losing fight. But damn it where does it end? So am I gona be the one to fall on my sword for all the other contractors in this town. I guess if I am at least I can hold my head up high and say I tried. But if I win?

 

[digger242j]

Although I think you have a more than legitimate beef with having to pay for something you hadn't been informed about, honestly, I'm surprised they issued you the permit without having you pay that new fee up front.

 

[workshoprat92]

Although I think you have a more than legitimate beef with having to pay for something you hadn't been informed about, honestly, I'm surprised they issued you the permit without having you pay that new fee up front.

Its not just that but I already paid for an inspection from a state certified inspector. So what now I have to pay for two inspections? And what makes the city qualified to do such an inspection? I would like to see their documentation just like the private company provides to me.

As far as getting the bill after the fact just shows how cowardly southern small town politics can be. They don't want to face you and tell you this so you can stand at the counter and look them in the eye when you complain about it. Instead they cowardly hide behind the mail and a letter and just bank on the fact that 99% of the population will not question it and go ahead and send payment.

 

[movindirt]

$116 fee, thats not even 1 hour of lawyer cost. I'd leave it alone personally.

 

[workshoprat92]

$116 fee, thats not even 1 hour of lawyer cost. I'd leave it alone personally.

No I understand what your saying and the economics of it say that I am engaging on a fools errand. But I guess what im getting at is where does it end? Are they then going to start charging me to come out and do a final inspection? Or charging when they do a final inspection of the sewer cap. I mean heck what else can they think of? I might think different If I hadent already paid a state certified inspector to do this once as required by them. And what they don't trust the state certified guy so they must do their own?

 

[TXGOAT]

It's a tax.

 

[workshoprat92]

It's a tax.

I think that's all up to interpretation!

See they took on this responsibility from DNR with no tax base to support the cost of this program. So to finance this operation they must collect a fee. They cant really call it a tax because a tax goes into the general fund and benefits all city residents equally. This is a fee because it supports this expense of this one single program which is inclusive to one industry only. The invoice they sent me even clearly says its a fee. The IRS defines a fee collected by any government to be for payment of goods or services! Also they physically put a man on my job site to perform work and as such all insurance and workers compensation law and proof thereof would apply as it would with any contractor.

Below is the letter I wrote to the city regarding this. When I last asked the city about the status of this letter they replied it is still being reviewed by the law department and to date all fee collections for this inspection have been suspended.

Is it possible to fight city hall. Only if your smarter than they are!

Dear Mr. Sir:

I $#%$#&% of @#%@%$%$%$% have received the City of $^#$^^ invoice for the service of an asbestos inspection performed at 1129 @$#%&%$&$%%. After review of this invoice we will be happy to pay it. However since the City of Springfield is now charging for services for hire there is some paperwork and documentation that needs to be submitted to #$^#$^^#^ before a payment can be remitted. #$^#$^^#^ would consider this service by City of #$^#$^^#^ to be as a subcontractor to our prime contract with services rendered and would require proper documentation from the City of #$^#$^^#^ to be provided to #$^#$^^#^n so that #$^#$^^#^ may make the determination of the City of #$^#$^^#^ ability to conduct business for profit or monetary gain in a manner that would not put #$^#$^^#^ at risk for any legal action or liability due to the City of #$^#$^^#^ for hire business actions before any payment would be made as #$^#$^^#^ does with all subcontractors. A list of all documentation required by #$^#$^^#^ is as follows:

1. A copy of general liability insurance of the correct comp class code for the scope of work being performed sent to #$^#$^^#^ from the provider or producer of the policy for the subcontractor and will list #$^#$^^#^ as additional insured.
2. A copy or workman’s compensation insurance sent to #$^#$^^#^ from the provider or producer of the policy for the subcontractor.
3. Proof that the subcontractor has the proper business license to perform the scope of work for the service provided by subcontractor.
4. Proof of a federal EIN number or social security number.
5. An IRS form 1099 or W9.
6. At time of payment a lien release will be provided to the property owner for which the work is being performed.


In addition to the general required documentation #$^#$^^#^ would require from the City of #$^#$^^#^ the specific information and documentation supporting the City of #$^#$^^#^ claim that the scope of work billed for has been completed.

1. An inspection report for asbestos inspection which will include the certificate number of inspector that performs the inspection.
2. A sampling checklist.
3. A photo copy of inspector’s certificate and training records provided by the state of #$^#$^^#^.
4. A letter or document stating that compliance of required asbestos inspection and abatement has been achieved by #$^#$^^#^.

Please submit and mail all required documentation to #$^#$^^#^ P.O. Box #$^#$^^#^ and once reviewed payment will be sent.

 

[oldtanker]

I'd really like to know how this turns out.

Rick

 

[grandpa]

My suggestion, if you don't like it, run for city office.... councilman or go for the gusto... Mayor.

 

[Dozerboy]

**** like this makes me sick. Power hungry SOBs.

 

[CM1995]

Believe me I understand your frustration when it comes to gov't regulations. Like TXGOAT said it's a tax whether they call it that or not. Chock it up as experience and include the time and money in the next demo bid in that municipality.

It's an old cliche' but it's truth - You can't fight city hall. They are spending our money in the court room and your spending your money.:cool2

 

[workshoprat92]

Believe me I understand your frustration when it comes to gov't regulations. Like TXGOAT said it's a tax whether they call it that or not. Chock it up as experience and include the time and money in the next demo bid in that municipality.

It's an old cliche' but it's truth - You can't fight city hall. They are spending our money in the court room and your spending your money.:cool2

No I know you are right. To a point. What really burns me about this issue so bad is how they chicken ****edly billed me a week and a half after the fact with no prior notice at time of permit application that they were going to do this. If they were up front about it and had the guts to tell me to my face I would probably think otherwise. Well how this all finally filtered out is that I had received a letter telling me to disregard the bill and now that Demo permits will be $216 instead of $100. Ok I can handle that. I now know what my embedded cost is gona be and wont get some chicken **** surprise weeks after the job is over. And besides that they make you go through hell and jump through so many hoops and bull crap to get a permit it sure feels good to give them a taste of their own bull crap and make them jump through some hoops for once. SO yea I guess you cant fight city hall. But ya sure can make em jump over some logs!

 

[workshoprat92]

My suggestion, if you don't like it, run for city office.... councilman or go for the gusto... Mayor.

I could do that but my problem is I just cannot find the power to lower myself to being that low of a corrupt lying forked tongue type of person. I have morals and values and those kind of people just don't make it in politics.