[History: Adopted by the Town Board of the Town of Pendleton 4-6-2004.
Amendments noted where applicable.]
The purpose of this chapter is to make certain that any contractor engaged
in business in the Town of Pendleton meets certain requirements as established
by the Town Board of the Town of Pendleton.
The following words, terms and phrases as used in this chapter are defined
as follows:
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CONTRACTOR-Any person, firm, partnership, corporation, or any other
entity engaged in the business of constructing, repairing, remodeling, altering,
converting, modernizing or adding to any house, building, dwelling, structure
of land adjacent to it shall include, but not limited to, blacktop sealing
or blacktop work of any nature, cement or concrete work of any nature including
replacement or improvement of sidewalks, driveways, curbs, streets, rights-of-way,
flat concrete work, form or wall concrete work or masonry work of any nature
or carpentry work of any nature or the construction, erection replacement
or improvement of, among other things, streets, rights-of-way, swimming pools,
siding, insulation, chimneys, roofing, windows, terraces, patios, fences,
porches, garages, solar energy systems, flooring, basements or water, sanitary
or drainage systems, landscape, and snow plowing residential. "Contractor"
shall also include hired by another contractor.
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A.
It shall be unlawful to engage in business as a contractor
in the Town of Pendleton without first having obtained a license therefore
as hereinafter provided.
B.
Engaging in the following activities in the Town of Pendleton
for remuneration shall be construed as doing business as a contractor in the
Town of Pendleton; constructing, repairing, remodeling, altering, converting,
modernizing, or adding to a house, building, dwelling, structure or land adjacent
to it and shall include, but is not limited to, blacktop sealing or blacktop
work of any nature, cement or concrete work of any nature including the replacement
or improvements of sidewalks, driveways, curbs, streets, rights-of-way, flat
concrete work, form or wall concrete work or masonry work of any nature or
carpentry work of any nature or the construction, erection replacement or
improvement of, among other things, streets, right-of-way, swimming pools,
siding, insulation, chimneys, roofing, windows, terraces, patios, fences,
porches, garages, solar energy systems, flooring, basements or water, sanitary
or drainage systems, landscape and snow plowing residential in the Town of
Pendleton.
A.
Any person, firm, partnership, corporation or any other
entity desiring to engage in business as a contractor in the Town of Pendleton
shall make application for a license to the Building Inspector on a form prescribed
by him. The application shall be signed and verified under oath by the applicant,
if an individual or sole proprietorship, or by a duly authorized agent, if
a firm or partnership, or a duly authorized officer of the corporation, if
the applicant is a corporation.
B.
The application shall contain the following information:
(1)
If a person or firm, the name, residence, business address,
and telephone number of the applicant.
(2)
If a partnership, the business address, telephone number,
employer identification number and also the name and residence of each partner.
(3)
The specific type of work to be performed by the applicant.
(4)
The approximate number of persons employed or to be employed
by the applicant.
(5)
Satisfactory evidence that employees of the applicant
are covered by worker's compensation. The applicant shall be responsible
for furnishing the Town of Pendleton with copies of current certificates of
insurance demonstrating that the applicant has appropriate insurance coverage
in place.
(6)
Such information as the Building Inspector may reasonably
require.
The Building Inspector is authorized to issue or deny the application
for a license. Any application so approved shall be issued by the Building
Inspector upon payment to the Building Inspector for the required fee.
A.
All licenses shall expire on the 31st day of December
of each year.
B.
Each license issued shall be posted in a conspicuous
place in the contractor's place of business.
C.
Any license which has not been suspended or revoked may,
upon payment of a fee prescribed by this chapter, be renewed for an additional
period of one year from it's expiration upon filing of an application
for renewal on a form to be prescribed by the Building Inspector.
D.
A duplicate license may be issued for a lost, destroyed
or mutilated license upon application therefore to the Building Inspector
and upon payment of the fee prescribed therefore by this section.
E.
No license shall be assignable or transferable.
F.
The fee for a contractor's license or for any renewal
thereof shall be set by resolution of the Town Board of the Town of Pendleton.
Such fee shall not be prorated for a term of less than one year.
G.
The fee for issuing duplicate license for on lost, destroyed
or mutilated shall be set by resolution of the Town Board of the Town of Pendleton.
It shall be the duty of all contractors to comply with all applicable
state laws, including article 36-A of the New York State General Business
Law, state codes, local laws and/or ordinances relating to the various activities
engaged in by the contractor.
Any contractor's license may be revoked by the Building Inspector
for any violation of any applicable state law, including Article 36-A of the
New York State General Business Law, state codes, this chapter of any local
laws and/or ordinances relating to the activities engaged in by such contractor
which are included within the scope of this chapter. Such a revocation may
be in addition to any fine imposed for violating this chapter.
Any person, firm, partnership, corporation or any other entity violating
any of the provisions of this chapter shall be subject to a fine of not more
the $250.00 for each violation or to imprisonment for a period not exceeding
15 days for each such violation, or to both such fine and imprisonment, except
when a punishment is expressly prescribed in such provision. Unless otherwise
provided, each day on which a violation occurs shall be deemed a separate
violation for purposes of this chapter.
This chapter shall take effect on April 6, 2004.
