Borough of Clifton Heights, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights 12-27-1984 by Ord. No. 637 (Ch. 13, Part 6, of the 1988 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 110.
A. 
It shall be unlawful to engage in business in the municipality as a building contractor without first having obtained a license therefor as hereinafter provided.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
(1) 
Means and includes anyone engaged in the business of cement or concrete contracting, either flat, form or wall work, or as a masonry contractor or as a carpenter contractor or as a general building contractor; and
(2) 
Any person engaged in the construction, alteration or repair of buildings or other structures or sidewalk or street pavements.
C. 
Engaging in the construction, repair or alteration of any building, structure, or street or sidewalk pavement in the municipality for which a permit is required under the ordinances of the municipality shall be construed as doing business as a contractor in the municipality.
[Amended 8-15-1988 by Ord. No. 682]
The annual fee for such license shall be as established from time to time by Borough Council.
Any person doing business as a subcontractor shall be construed as engaged in the business of a building contractor for which a license is required by this chapter.
It shall be the duty of all building contractors to comply with all ordinances relating to the construction of buildings or other structures, to the construction of streets or sidewalk pavements, and all laws or ordinances pertaining to or regulating the activities engaged in.
Any building contractor's license may be revoked by the Building Code Official for repeated violations of any ordinance relating to the construction of buildings, the use of streets, or the replacing of streets, sidewalks or parkways, or any other ordinance relating to the work performed by such contractor. Such revocation may be in addition to any fine imposed for violating this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No permit shall be issued for the construction of a building or structure in the municipality or for the repair or alteration of the exterior of any building or structure, unless a certificate or other proof is filed showing that the contractor carries workmen's compensation insurance and public liability insurance with limits of at least $50,000 for each person and $100,000 for each accident for bodily injury liability and $25,000 on property damage liability.
B. 
Before any contractor doing any work for the municipality on any street or highway or on any building or premises owned by the municipality commences work, he shall file with the Clerk a certificate or other proof showing that he carries workmen's compensation and public liability insurance as required by the ordinances and the terms of his contract.
A. 
The following acts are prohibited:
(1) 
Abandonment or willful failure to perform, without justification, any contract or project engaged in or undertaken by a contractor; or willful deviation from or disregard of plans or specifications in any material respect without obtaining the consent of the owner in writing, and providing the Codes Enforcement Officer has received written notification of such changes.
(2) 
Making any substantial misrepresentation in the procurement of a contract, or making any false promise of character likely to influence, persuade, or induce.
(3) 
Any fraud in the execution of or in the material alteration of any contract, mortgage, promissory note, or other document incident to a contractual transaction.
(4) 
Preparing or accepting any mortgage, promissory note, or other evidence of indebtedness upon the obligation of a contractual transaction with knowledge that it recited a greater monetary obligation than the consideration for the work to be performed, which consideration may be a time sale price.
(5) 
Directly or indirectly publishing any advertisement relating to work or services which contain an assertion, representation, or statement of fact which is false, deceptive, or misleading; providing that any advertisement which is subject to and complies with the then-existing rules, regulations, or guides of the Federal Trade Commission shall not be deemed false, deceptive, or misleading; or by any means advertising or purporting to offer the general public any work or service with the intent not to accept contracts for the particular work or at the price which is advertised or offered to the public.
(6) 
Willful or deliberate disregard and violation of the building laws of this state or of this Borough or of the safety or labor or workmen's compensation insurance laws of this state.
(7) 
Doing any business with or through any person who is subject to the licensing requirements of this chapter with the knowledge that such person is not licensed as required.
(8) 
Misrepresentation of a material fact by an applicant in obtaining a license.
(9) 
Willful failure to notify the Codes Enforcement Officer, in writing, of any change of control in ownership, management or business name or locations.
(10) 
Conducting a business in any name other than the one in which the contractor or salesman is licensed.
(11) 
Willful failure to comply with any order, demand, or requirements lawfully made by the Director, Department of Licenses and Inspection, under and within the authority of this chapter.
B. 
Violations of any of the prohibitions of this section:
(1) 
Shall subject any violator to whom the licensing provisions of this chapter apply to the administrative sanctions of this chapter; and
(2) 
Shall subject any violator, whether or not required to be licensed by this chapter, to criminal prosecution.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
A. 
Penalty for doing business without a license. Any person who shall knowingly and willfully engage in building construction, repairs, remodeling, rehabilitation, or demolition without obtaining a license as required by this chapter and who is not otherwise exempted from said licensing requirements and any person who continues in business as a contractor, after revocation or during suspension, shall be punished by a fine not exceeding $600, and costs, for each separate violation and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
B. 
General penalty. Any person who knowingly and willfully violates any provision of this chapter in addition to any administrative penalty otherwise applicable thereto, upon conviction thereof by a court of competent jurisdiction of this state, shall be punished by a fine not to exceed $600, and costs, for each separate violation and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.