[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Editor's Note: This ordinance also repealed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:
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.
The City of Monessen Code Enforcement Office.
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.
The construction, repair, replacement, remodeling,
alteration, conversion, modernization, or addition of/to any real
property or structure erected thereon;
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;
Sign installation, and demolition, excavation,
blasting, earthmoving or landscaping work on real property within
the City.
"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.
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.Â
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.Â
The applicant for a contractor's license shall pay
an initial license fee and/or annual renewal fee of $100.
C.Â
Application.
(1)Â
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)Â
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.Â
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.Â
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.Â
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.Â
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.
