Unprofessional Landscapers

Landscapers Luis Contreras & Jesus Landscaping May Be in Violation of City of Surprise Solicitation Ordinance

“On or about October 2021 the homeowners of a residence located in the Zanjero Trails community of the City of Surprise, Arizona notice two business cards jammed into the front door.

The property has a No Solicitation sign clearly in plan view of the property. The business cards of both landscaping so called companies has a name and a email address, but no actual address which in itself appears to be an unorthodox way of advertising a business representation if the business is legit and they are paying taxing etc.

The so called landscaping business representatives appears to disregard No Solicitation signs thus, demonstrating disrespect for the homeowner / resident and the City of Surprise City Ordnance governing solicitation. One such cpmplaint example of both Luis Contreas $ Jesus Landscaping companies be found on the nextdoor platform as follows:

Landscapers Luis Contreras & Jesus Landscaping, please stop coming on our property ignoring our No Solicitation Sign, and placing your business cards in our door.  Furthermore please keep the motorized bikes off of our property as well; the tread marks from the motorized bikes are all over the walk path.

Under  the City of Surprise ARTICLE VIII. – SOLICITATION Sec. 26-222. – Solicitation, (a)Impermissible solicitation. No person, business, or entity shall act as a solicitor at any residence where there is a sign indicating “No Solicitation” or “No Soliciting”.(b)No solicitation signs. Signs indicating “No Solicitation” or “No Soliciting” shall be clearly legible and attached to or in close proximity to the home address numbers as practical. The sign shall be legible from a distance of 20 feet. Sec. 26-224. – Penalties.

Any violation of any provision of this article may be designated as a civil or criminal violation pursuant to Chapter 2, Article VI of this Code.

(Ord. No. 2011-09, 4-12-2011) 

https://library.municode.com/az/surprise/codes/municipal_code?nodeId=PTIGEOR_CH26LIPEMIBURE_ARTVIIISO

Please stop coming, or having a designated representative coming on our property uninvited.  Thank you. https://nextdoor.com/p/mb7drnyxNmsZ?utm_source=share&extras=NjQwODgxNDU%3D

It is noted that both unsolicited business cards place on private property where a No Solicitation sign is clearly visible may al by in another violation of the City of Surprise ordinance that clearly state the following:

SOLICITATION ORDINANCE

The Surprise City Council passed the Solicitation Ordinance April 12, 2011. The ordinance went into effect May 12, 2011. Read the Solicitation Ordinance

Frequently Asked Questions

  • What does the Solicitation Ordinance mean?

Solicitors are required to have a Surprise business license and may only place their advertisements (fliers, brochures, business cards, etc…) at the front door of a residence. If materials are left on a driveway, garage door, or any place other than at the front door; the solicitor will be in violation of the Solicitation Ordinance and subject to monetary fines. NOTE: Solicitors are prohibited at any residence which displays a “No Solicitation” or “No Soliciting” at or near the home address numbers.

  • What is a solicitor?

Solicitor is any person, business, or entity who attempts to make contact with an occupant of a residence either personally or through the use of a business card, handbill, brochure or flyer for the purpose of advertising or attempting to sell a good or service.

  • Are canvassers exempt from the Solicitation Ordinance?

Yes. A canvasser is a person who attempts to make personal contact with an occupant of a residence for the purpose of attempting to discuss or fund-raise for a political party, issue or candidate, religion, philosophy or ideology. Newspaper or editorial-based content is also exempt from this ordinance and is protected under the First Amendment of the U.S. Constitution.

  • How can I be sure my personal property is not solicited?

Property owners who do not want solicitors coming to their home must display signage that reads “No Solicitation” or “No Soliciting” at or near the home address numbers. Signs should be legible from a distance of 20 feet. NOTE: Any variations to the wording above; or “Do Not Disturb” or “No Trespassing” signs are not acceptable in prohibiting solicitation under the Solicitation Ordinance.

  • How do I report a Solicitation Ordinance violation?

Reports of solicitation violations should be reported to the City of Surprise Code Enforcement Division at (623) 222-3013 or codeenforcement@surpriseaz.gov. Code Enforcement’s (623) 222-3013 phone number is staffed Mon- Fri, 8 am – 5 pm. Please leave a voicemail message during non-business hours. NOTE: Do not call the Police Department to report a solicitation violation. Code Enforcement is the proper contact for reporting such violations.

  • What happens when I call in or email a solicitation violation?

You will be assigned a case number and be asked to fill out an affidavit stating circumstances surrounding the violation. You will be asked for your name and contact information. Please keep any materials that were illegally left at your home, to help in the investigation. A Code Enforcement Inspector will be assigned to your case and will contact you directly for follow-up.

Source: https://www.surpriseaz.gov/2550/Solicitation-Ordinance

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In Arizona, anyone charging over $1000 for landscaping services has to have a contractor license.

There are 3 landscaping license options available:

Residential Landscaper – (also known as R-21)

Commercial Landscaper – (also known as C-21)

Dual License – (also known as CR-21)

Arizona Landscaping License Requirements

To get an Arizona contractor license you must meet the following basic requirements:

  • Be at least 18 years of Age
  • Form of USA Issued Identification
  • Social Security Number
  • Not Currently On Probation or Parole

You Must also have

  • 4 Years of Journeyman Level Experience
  • Be able to verify work experience in at least 7 recent landscaping projects
  • Be able to verify work experience in at least 8 maintenance projects
  • Be able to document your experience at the request of the ROC
  • A Business Entity

What is a Journeyman?

Arizona has no journeyman roofer certification. The definition of a journeyman can vary based on your region.

The universal expectation of a journeyman is that they can perform all of the duties associated with their trade un-supervised.

A Journeyman is someone who has demonstrated a level of mastery in their trade.

The Arizona Registrar of Contractors may request to see the documentation of your experience.

It is important that you have some way to prove your claim of being a journeyman.

Acceptable landscaping and gardening work experience documentation includes:

  • W2’s
  • Tax Returns
  • Check Stubs
  • Contracts
  • Letter from a licensed contractor

Forming a Business Entity

Arizona LAW requires all landscaping contractors to have a business entity set up before applying for the CR-21 license.

You must first choose a name and then you can choose the type of entity you want.

Typically, construction companies choose either:

  • Sole Proprietor
  • Partnership
  • LLC
  • S-Corporation

For a complete explanation of the difference between these types of entities and which one makes the most sense for someone applying for the Arizona landscaping license, check out this free guide!

Once you have chosen an entity, simply follow these steps:

  • Check Name Availability with the Arizona Registrar of Contractors
  • Apply with the Arizona Corporation Commission
  • Apply for an EIN #

Responsibilities of a Landscaping Contractor in Arizona

To get the Arizona landscaping license, you must be familiar and experienced in the following areas:

  • Trees and Shrubs
  • Grass and Ground Cover
  • Non load-bearing Concrete
  • Uncovered Patios and Walk Ways 
  • Driveways made of Brick, Stone, Pavers and Gravel
  • Wooden Decks no higher than 29 Inches from Finish Grade
  • Retaining Walls up to 3 feet 
  • Free Standing Fire Pits, Fire Places and Barbecues
  • Grading and Drainage 
  • Soils amendments and Chemicals
  • Desert plants
  • Hardscaping
  • Low Voltage Landscape Lighting 
  • Water features not attached to Swimming Pools
  • Irrigation Systems 
  • Necessary electrical wiring 120 volts or less
  • Outdoor misting systems and Outdoor Kitchens

Arizona CR-21 License Exam for Landscaping

To get the CR-21 landscaping license in Arizona you will need to pass a two-part exam. The first part of the exam covers business management. All contractors must pass this exam.

As a contractor, you must have a basic knowledge of proper business practices and accounting.

These laws are put in place to protect the consumer public.

Business Management Exam

The Arizona business management exam will cover the following topics:

  • Contracts and Agreements
  • Insurance and Bonding
  • Safety, Record Keeping and Employment Regulations
  • Financial Management
  • Tax Laws
  • Liens
  • Arizona Registrar of Contractors Statutes
  • Arizona Registrar of Contractors Rules
  • Workmanship Standards
  • Business Management
  • Business Mathematics
  • Environmental Regulations

The second part of the exam will cover the landscaping, hardscaping and irrigation.

ROC  Landscaping Exam

  • 110 Questions
  • Passing Score: 70%
  • Time Allowed: 240 Minutes
  • $66 per exam

Business Management

  • 80 Questions
  • Passing Score 70%
  • Time Allowed: 180 minutes
  • $66 per exam

Info Link

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