[HISTORY: Adopted by the Mayor and Council of the Town of Middletown 5-2-1994 as Ord. No. R-1. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 41.
Fire prevention — See Ch. 74.
Mechanical standards — See Ch. 96.
Plumbing — See Ch. 115.
Zoning — See Ch. 180.
The Town of Middletown, Delaware hereby ordains the establishment of permits for certain trades, businesses and occupations operating within the town and provides rules and regulations applicable to the permits, administration and fees pertaining thereto.
As used in this chapter, the following words shall have the meanings indicated:
CONTRACTOR
Any person, firm, corporation or jobber engaged in building, alteration, repairing, remodeling, construction and/or maintenance of buildings or engaged in any other type of construction, including but not limited to paving, curbing and sidewalk installation or repair, plumbing, electrical or other types of maintenance or construction.
No contractor shall operate, maintain or otherwise be engaged in any business as described in § 51-2 without first obtaining a permit from the Town Manager or his designated representative (Permit Officer).
A. 
Applications for permits shall be upon forms provided by the town which shall include the following information:
(1) 
The name and address of the applicant.
(2) 
The trade, business or occupation for which the permit is required.
(3) 
A statement that the applicant is knowledgeable of and has complied and will continue to comply with all ordinances of the town, including but not limited to the Town of Middletown Building Code, Plumbing Code, Mechanical Code, Fire Prevention Code and Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 41, Building Construction; Ch. 115, Plumbing; Ch. 96, Mechanical Standards; Ch. 74, Fire Prevention; and Ch. 180, Zoning.
(4) 
Such other information as the town deems necessary.
B. 
The application shall be verified by the oath or affirmation of the individual permittee or of one member of a partnership, firm or association, or the president, secretary or a director of a corporation applying for a permit.
C. 
The proper permit fee shall accompany the application.
Upon proper application and payment of a prescribed fee, a permit, signed by the Town Manager or his designated representative (Permit Officer) shall be issued to each applicant. Each such permit shall be valid and effective from the first day of January of each year or the date of issuance to the last day of December in that year. A record of all permits issued and permit fees paid shall be maintained at the Town Hall. Each such permit shall be on a form provided by the town. Permit fees shall be due and payable prior to the beginning of a given permit year.
A. 
The Town Manager or Permit Officer shall, upon disapproving any application submitted under the provisions of this chapter, refund all fees paid in advance by the applicant pursuant to the application, less a reasonable processing charge.
B. 
When the issuance of a permit is denied and any action is instituted by the applicant to compel its issuance, the applicant shall not engage in the business for which the permit was refused unless a permit is issued to him pursuant to a judgment ordering it.
A. 
The permit fee shall be as set by resolution of the Town Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
No prorationing, rebate or refund of any permit fee or part thereof shall be made by reason of nonuse of the permit or by reason of a change of location or business rendering the use of the permit ineffective. The Town Manager or Permit Officer shall have the authority to refund a permit fee only if the permit fee was collected through an error.
A. 
The amount of any unpaid fee, the payment of which is required pursuant to this chapter, shall constitute a debt due the town.
B. 
The Town Solicitor shall, at the direction of the Town Manager, institute a civil suit in the name of the town to recover any unpaid fees.
C. 
No civil judgment or any act by the Town Solicitor, the Town Manager or the violating permittee shall bar or prevent a criminal prosecution for each violation of this chapter.
All permits issued under the provision of this chapter shall be posted in a public place in the establishment or place of business for which it is issued or it shall be carried upon the person of the permittee.
Each permit granted under this chapter shall be for the sole use and benefit of the person to whom it is issued and shall not be transferable. In case of the death of any individual, his personal representative shall succeed to all rights thereunder until the expiration of the permit.
The Town Manager or Permit Officer shall make or have made all investigations reasonably necessary to the enforcement of this chapter.
Upon determination that a violation of any town ordinance has occurred or that a permittee is not in compliance with the provisions of this chapter, the Town Manager may order a revocation of the permit. Before any permit is revoked, the Town Manager shall give 30 days' written notice in advance by certified mail directed to the permittee at the usual place of business stating the reason for the revocation; and upon the correction of the defect within 30 days following receipt of notice, no revocation shall take effect. If the defect is not corrected within said thirty-day period, the permit shall be deemed to be revoked immediately.
A. 
Any person aggrieved by any decision of the Town Manager or Permit Officer shall have the right to appeal to the Town Council by filing a written appeal with the Town Council within 30 days following the effective date of the action or decision complained of. The appeal shall set out a copy of the order or decision appealed from and shall include a statement of facts relied upon to avoid the order.
B. 
The Town Council shall fix a time and place for hearing the appeal and shall serve written notice upon the person requesting the appeal informing him of the hearing. The findings of the Town Council shall be final and conclusive and shall be served upon the person who requested the appeal.
Any person who shall fail, neglect or refuse to comply with or who shall violate the terms, requirements and conditions of this chapter or of any notice as aforesaid shall, upon conviction, be sentenced to pay a fine of $25, together with costs of prosecution. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the town may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder.