[HISTORY: Adopted by the Mayor and Council of the City of
Harrington 6-19-2017 by Ord. No.
17-05. Amendments noted where applicable.]
The City Council has deemed it necessary to establish a contractor
license in order to ensure the safety and welfare of residents and
their property while engaging a contractor for construction or maintenance
work.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person, firm, corporation, or jobber engaged in building,
altering, repairing, remodeling, constructing, and/or maintaining
of buildings or engaged in any other type of construction, including
but not limited to paving, curbing, and sidewalk installation or repair,
plumbing, electrical, landscaping, or other types of maintenance or
construction.
Any individual, firm, corporation, company, partnership,
or joint venture.
No person shall perform construction or maintenance work or
otherwise be engaged in any work as a contractor, including subcontractors,
within the boundaries of the City of Harrington without first obtaining
a contractor license issued by the City.
A person performing construction or maintenance work on his/her
own property is exempt from the requirements of this chapter.
A.
Applications for contractor licenses shall be upon forms provided
by the City which shall include the following information:
(1)
The name and address of the applicant;
(2)
The trade, business, or occupation for which the license is required;
(3)
A statement that the applicant is knowledgeable of and has complied
with and will continue to comply with all ordinances of the City,
including but not limited to the current City of Harrington building,
zoning, and property maintenance codes; and
(4)
Any such other information as deemed necessary by the City Manager
and/or his/her designee.
B.
The application shall be verified by the oath or affirmation of the
individual licensee or of one member of a partnership, firm, or association
or the president, secretary, or a director of a corporation applying
for a contractor license.
D.
A copy of any business licenses issued by the State of Delaware and/or
any other approvals issued by the Division of Revenue or another governmental
or quasi-governmental agency (i.e., ABCC, Administrative Services,
Banking Commissioner, Insurance Commissioner, PSC, DNREC, EPA, IRS,
etc.) shall accompany the application. Possession of any such license
or approval shall not exempt a person from obtaining a City of Harrington
business license.
E.
The proper license fee shall accompany the application.
A.
Upon proper application and payment of the prescribed fees as established in Chapter 180, Municipal Fees, a license shall be issued to each such applicant.
B.
Each such license shall be valid and effective from the first day
of July each year, or the date of issuance, to June 30 at 11:59 p.m.
of the fiscal year in which it was issued.
C.
A record of all licenses issued and license fees paid shall be maintained
at City Hall.
D.
Each such license shall be upon a form provided by the City Manager
and/or his/her designee that shall set forth the following information:
A.
The City Manager and/or his/her designee 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.
B.
When the issuance of a license 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 license was refused unless a license
is issued to him/her pursuant to a judgment ordering it.
A.
No license shall be issued under this chapter except upon payment of a fee as established in Chapter 180, Municipal Fees. Contractor license fees are prorated on a half-year basis.
B.
No prorating, rebate, or refund of any license fee or part thereof
shall be made by reason of nonuse of the license. The City Manager
and/or his/her designee shall have the authority to refund a license
fee only if the license fee was collected through an error.
C.
All 501(c)(3) nonprofit companies are exempt from license fees.
A contractor license issued under the provisions of this chapter
shall be displayed in a public place in the establishment or place
of business for which it is issued or, if applicable, carried by the
licensee.
Each contractor license 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/her personal representative shall succeed to all rights thereunder
until the expiration of the license.
A duplicate license shall be issued by the City Manager and/or his/her designee to replace any license previously issued which has been lost, stolen, defaced, or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to that fact and payment of the fee as set forth in Chapter 180, Municipal Fees.
A.
All contractors, including the contractor(s) in charge and the subcontractor(s),
shall maintain insurance coverage for bodily injury and property damage
liability as follows:
(1)
Bodily injury liability with a minimum limit of $250,000 for all
damages arising out of personal injury to or death of one person in
any one occurrence, and, subject to that limit for each person, an
aggregate limit of $500,000 for all damages arising out of personal
injury to or death of two or more persons in any one occurrence; and
(2)
Property damage liability with a minimum limit of $250,000 for all
damages arising out of injury to, destruction of, or loss of use or
property in any one occurrence.
B.
The City of Harrington shall be listed as the certificate holder
on the proof of liability insurance.
A contractor operating in the City shall at all times be in
compliance with all City codes and ordinances. Each licensee shall
refrain from operating after expiration of his/her license and during
the period his/her license is revoked.
The City Manager and/or his/her designee shall have the authority
to make or have made all inspections and investigations reasonably
necessary to enforce this chapter and to perform inspections in order
to ensure that the construction, maintenance, or other work is in
compliance with all applicable building, safety, zoning, and other
City codes. All persons authorized by this chapter to perform inspections
shall have the authority to enter the premises to inspect at all reasonable
times.
A.
The City Manager and/or his/her designee shall make or have made
all investigations reasonably necessary to the enforcement of this
chapter.
B.
The City Manager may order a contractor to cease operations in the
City and suspend his/her contractor license (if a contractor license
has been obtained) for any of the following reasons:
(1)
The contractor is found to be operating in violation of the terms
of this chapter.
(2)
The contractor is in violation of any regulations of the Code of
the City of Harrington or the laws of Delaware.
(3)
The Fire Marshal or any public safety authority having jurisdiction
has requested that the contractor cease until certain conditions have
been remedied.
C.
The City shall provide the contractor with written notice of the
violation(s), which notice shall state that the contractor shall be
ordered to cease operations and its contractor license (if applicable)
shall be revoked without further notice if within 10 business days
of the date of the notice the contractor fails to remedy the violations
or file an appeal with the City Council. The written notice shall
be either personally delivered or sent via certified mail, return
receipt requested, to the contractor. If the contractor does not remedy
the violations or appeal the determination of the City Manager within
the prescribed time period, the contractor shall not be permitted
to operate in the City until such violations have been remedied. Notwithstanding
the foregoing, notice shall not be required to order a contractor
to cease operations in any emergency situation that causes an immediate
threat to the health, safety, or general welfare of the public.
A.
Any person aggrieved by any decision of the City Manager and/or his/her
designee shall have the right to appeal to the City Council by filing
a written appeal with the City Council within 10 days following the
date of the notice of violation or decision complained of. The appeal
shall set out a copy of the notice of violation or decision appealed
from and shall include a statement of facts relied upon to avoid the
order.
B.
The City Council shall fix a time and place for hearing the appeal
and shall serve written notice upon the person requesting the appeal
informing him/her of the hearing. The hearing may be held as part
of a regularly scheduled City Council meeting. The findings of the
City Council shall be final and conclusive and shall be served upon
the person who requested the appeal.
A.
Any contractor operating within the City without a valid contractor license will be subject to penalties for failure to obtain a license as established in Chapter 180, Municipal Fees.
B.
A stop-work order issued by the City Manager and/or his/her designee
will stay in effect until the contractor complies with all conditions
associated with the issuance of a valid contractor license, including
annual contractor license and penalty fees.
C.
Continued violation of any provision of this chapter is subject to fines in accordance with Chapter 180, Municipal Fees.
D.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense.
E.
The amount of any unpaid penalty, including the unpaid business license
fee, shall constitute a debt owed to the City, and the City may institute
a civil suit or use any other lawful methods authorized by the City
Charter or the laws of the State of Delaware to recover any unpaid
fee.
