City of Monessen, PA
Westmoreland County
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Table of Contents
Table of Contents
[Adopted 5-18-2005 by Ord. No. 5-2005[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Contractors' Licenses, adopted 12-18-2002 by Ord. No. 7-2002, as amended 6-7-2004 by Ord. No. 3-2004.
As used in this article, the following terms shall have the meanings indicated:
CONTRACTOR
Any person, partnership, corporation or other entity who, for monetary remuneration, undertakes or offers to undertake or agrees to perform any improvement upon real property, or upon or within or under a structure erected thereon, within the City.
DEPARTMENT
The City of Monessen Code Enforcement Office.
GENERAL CONTRACTOR
Any person, partnership, corporation or other entity who, for monetary remuneration undertakes or offers to undertake or agrees to perform that aspect of the construction business of making the final determination and bearing responsibility for the manner in which improvement work is done, for the materials used and for the selection, supervision and control of contractors employed on the improvement work.
A. 
The construction, repair, replacement, remodeling, alteration, conversion, modernization, or addition of/to any real property or structure erected thereon;
B. 
The construction, replacement, repair or alteration of driveways, swimming pools, porches, garages, landscaping, fences, and outbuildings to structures or upon land which is adjacent to a dwelling;
C. 
Sign installation, and demolition, excavation, blasting, earthmoving or landscaping work on real property within the City.
D. 
"Improvement" shall not include the sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the use, installation of, or application of the goods or materials.
SOLICITATION
Conduct by any person, whether an employee, agent, owner or independent contractor, for the purpose of offering or accepting contracts on behalf of a contractor or general contractor for the performance of an improvement.
A. 
No business, person, firm, corporation or other entity shall engage in the activity of a contractor or general contractor as defined herein, or solicitation thereof, without first obtaining a contractor's license issued by the Department.
B. 
The applicant for a contractor's license shall pay an initial license fee and/or annual renewal fee of $100.
C. 
Application.
(1) 
The information required for licensure of an applicant shall be determined by regulations established by the City. The applicant shall complete an application on a form provided by the Department. All information supplied by the applicant shall be truthful, complete and current;
(2) 
In determining whether to issue a license, the Department may consider past construction code violations arising from past improvement work of a contractor or general contractor, and the remedial action taken in response thereto.
D. 
A license issued by the Department shall remain valid from its date of issuance through December 31 of the same calendar year, regardless of the date of application for or issuance of the license.
E. 
Display of license. The licensee shall display the license issued or a copy thereof at the job site, or at such other location specified by the Department.
F. 
Denial of building permit. The Department shall not issue a building permit if the improvement work is to be or has been performed by a general contractor or contractor to whom the Department has not issued a license.
G. 
Issuance of a license under this article does not constitute an approval by the City of plans or improvements to be undertaken.
The penalty for violation of any provision of this article shall be a minimum fine of $200 and a maximum fine of $1,000, plus costs of prosecution. Each violation shall constitute a separate offense. In addition, the Department may revoke any license issued pursuant to this article, upon violation of any provision of this article.
Notwithstanding any other provision(s) of the City Code, in the event that an improvement performed by a contractor or general contractor results in a violation of the Pennsylvania Building Code or any City ordinance, the Department may hold the contractor and/or general contractor responsible for the correction of the violation, in addition to enforcement action taken by the Department against the property owner. The Department may revoke a license issued under this article if the licensee fails to correct any such violation or satisfy an enforcement order.
Nothing in this article shall be construed to limit the legal or equitable rights of any individual or entity who suffers any loss as a result of any improvement work by a contractor or general contractor to seek recovery or remedy for any damage sustained.
Ordinance No. 7 of 2002 and Ordinance No. 3 of 2004 are hereby repealed.
Licenses issued under prior ordinances remain valid as issued.