An unlicensed construction contractor doing business as Florence Hearth and Patio must make nearly $18,000 in restitution to four clients and shut down his business for repeated violations of construction contracting law and court-approved agreements. James E. Gabriel, 61, must remove any advertising for Florence Hearth and Patio and disconnect all phone numbers linked to the store. For three years, he must also submit regular reports to the Oregon Department of Justice, proving that any income he receives is obtained legally. In a settlement filed recently with the Lane County Circuit Court, Gabriel admitted to violations of existing injunctions and agreed to new sanctions sought by the Construction Contractors Board (CCB) and the Oregon Department of Justice. For years, Gabriel sold and installed pellet stoves, among other things. He also carried chimney supplies and serviced chimneys. Installing stoves and cleaning chimneys both require a CCB license. The CCB cited him for multiple violations of contractor laws in 2006, 2007 and 2009. A settlement filed with the Lane County Circuit Court in 2009 barred him from working as a contractor until he became licensed with the CCB. At that time, he was also prohibited from taking money from clients until he delivered any products and finished any work. Gabriel admitted to violations of the 2009 settlement in 2012. He recently admitted that he violated the subsequent 2012 agreement at least four times between mid-2013 and late 2014 by working as an unlicensed contractor and by taking deposits from consumers. The CCB, for example, cited him for working as an unlicensed contractor in February 2014, after a Reedsport consumer called to complain that he incorrectly installed a refurbished pellet stove and failed to obtain a required permit or tell her about a required inspection. “Consumers may not know that people who install wood stoves and clean chimneys need a CCB license,” Enforcement Manager Stan Jessup said. “In fact, anyone who bids on or works on projects that improve real estate must be licensed.” “Any consumer who had called us to check on Mr. Gabriel the past several years would have learned that he lacked the required license and was operating illegally,” Jessup said.
