[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 3-13-1989 by L.L. No. 1-1989. Sections 226-3A, 226-8C and 226-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Every person, firm or corporation engaged in the business of erecting, altering, repairing or restoring signs for any of which signs a sign permit is required by the applicable sections of the Code of the Village of Suffern shall be required to register the name of such person, firm or corporation with the Village Clerk and obtain a license as provided herein.
Application for the registration and obtaining of a license by contractors shall be submitted to the Village Clerk on forms supplied by him/her and, in addition to any other pertinent information he may reasonably deem necessary, shall include:
A statement giving the corporate name or firm name of the contractor.
In the case of a firm, corporation or partnership, the name and address of the principal office of said firm or corporation and the names and addresses of all officers, directors, managerial employees and stockholders owning, of record or beneficially, 5% or more of the outstanding stock of any class of said corporation.
In the case of a partnership, the names and addresses of all parties, whether general, special or limited.
This application shall also contain the number of years such person, firm or corporation has been in the contracting business at the current location or any prior locations, including the addresses of any such prior locations, if any.
The application shall indicate, for both the current and any prior periods of time or locations at which a contracting business has been conducted, all other trade names, if any, by which any such contracting business was conducted or in which any of the persons listed in answers to Subsection A(2) above were part of for each such prior business.
The applicant shall be approved and the license issued or disapproved within 15 days after filing.
No person, firm or corporation shall be licensed under this chapter or be licensed after revocation of a license pursuant to § 226-5 of this chapter unless and until there has been a determination by the Code Enforcement Officer that the applicant is capable of compliance with the requirements hereof and has demonstrated sufficient capability and proficiency in his or its past business history to justify a reasonable belief that such compliance will occur and unless and until there is paid to the Clerk, to the order of the Village of Suffern, an annual fee as set by resolution of the Board of Trustees in the Standard Schedule of Fees.
Any person, firm or corporation whose license has been revoked three times shall be presumed not capable or proficient in his or its trade and shall not be permitted to be licensed under this chapter.
All work shall be done in accordance with the applicable codes and laws of the Village of Suffern. A contractor may not erect any sign in the Village of Suffern (except specifically exempted signs set forth in the sign regulations) unless a sign permit therefor has been obtained from the Planning Board of the Village of Suffern. It shall be the responsibility and obligation of the contractor to either obtain a sign permit for each sign to be erected or to verify that a sign permit has been issued therefor. The contractor shall only erect a sign in compliance with a duly issued sign permit. The workmanship shall conform to generally accepted good practice in the trade.
The Code Enforcement Officer of the Village of Suffern shall revoke the license of any contractor licensed hereunder who shall be guilty of any one or more of the following acts or omissions:
Fraud or misrepresentation or concealment of a material fact in the information given upon initial issue of a license or upon licensing after revocation.
Violation of the applicable sections of the Code of the Village of Suffern or any other ordinance or statute which governs the activities or nature of work performed by the contractor in the erection, alteration or maintenance of signs.
Erecting a sign without having obtained sign approval from the Planning Board.
Violation of the provisions of a sign approval or permit.
The Code Enforcement Officer may file a complaint against any licensed contractor. Such complaint shall be in writing and signed by the person filing the same. The complaint shall contain a statement of facts setting forth the specific fact relating to the violation of this chapter of the Village of Suffern Code or any local law, ordinance or statute pertaining to the erection, alteration or maintenance of signs.
Upon a complaint being filed in the manner and form herein prescribed, the Code Enforcement Officer shall forthwith issue a notice, in writing, directing the contractor in question to file a written answer within 10 days after the service of notice, answering the charges or showing cause, if any, why his license should not be revoked. A copy of the complaint shall be served with said notice.
Failure of the contractor in question to file a written answer within said 10 days may be deemed an admission by him of the commission of the act or violations cited in the complaint, and his license thereupon may be revoked forthwith by the Code Enforcement Officer, without further evidence.
In the event that the contractor in question shall file a written answer within the time period prescribed in the notice, a hearing shall be scheduled, notice of which hearing shall be served no less than 10 days prior to the date fixed for the hearing. Said hearing shall be held by and before the Board of Trustees of the Village of Suffern, who shall thereafter make all decisions as to fact and law concerning revocation of the license. At the hearing, the Code Enforcement Officer and licensee shall each have the right to appear personally or by counsel and cross-examine witnesses and produce witnesses and evidence in their behalf. Counsel is required if the licensee is a corporation. A certified court reporter shall be present at the contractor's expense, and a complete transcript shall be presented to the Board of Trustees of the Village of Suffern at no cost if an appeal is taken.
Whenever notice is required or permitted to be given by any section of this chapter, such notice may be effected by personal service upon the licensee, if an individual, or any general partner, if a partnership, or upon any corporate officer, if a corporation, or alternatively, to any of the foregoing by certified mail, return receipt requested, to the last address listed in the Village Clerk's office in conjunction with the registration information. It shall be the duty of each licensed contractor to keep the Village Clerk advised of any subsequent change of address. Upon failure of a contractor to comply with this requirement, any notice returned with the notation "Unknown," "Moved" or "Not Claimed" shall be deemed proper service of all notices required by this chapter.
Any person, firm or corporation whose license has been revoked under the provisions of § 226-6 of this chapter may apply to be relicensed and have his/her name or its name reentered upon the registration list, upon filing the following:
Certification by the Code Enforcement Officer to the effect that all violations with reference to which the revocation was secured have been corrected.
Proof that all loss caused by the act or omission for which the license was revoked has been fully satisfied and that all conditions imposed by the decision of the revocation have been complied with.
Any person, firm or corporation or his/her or its respective agents, servants or employees who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties in § 1-12 of Chapter 1, General Provisions. Every week that such person, firm or corporation or his/her or its respective agents, servants or employees shall fail to comply with the provisions of this chapter shall constitute a separate and additional offense against the provisions thereof.