It is the intent of this chapter to promote
the general welfare of the people of the Village Monroe by providing
for the protection of their lives, property and economic well-being
by licensing and regulating the business of residential building construction
in real estate subdivisions.
The Village Board finds that by virtue of the
failure of subdivider and contractors to redress injuries to purchasers
of lots and homes resulting from improper construction, improper installation
and maintenance of public improvements, this action is necessary for
the protection of the community. The Village Board has also found
that existing statutes, ordinances and local laws are inadequate to
prevent the continuance of such acts and injury to the public welfare
resulting therefrom.
No persons shall engage in or conduct the business
of a subdivision contractor within the Village of Monroe without first
obtaining a license as herein provided.
Each applicant for a license shall file a written
application with the Village Clerk stating the name of the applicant;
whether an individual, corporation or partnership; if an individual,
the residence and business address; if a corporation, the business
address and names and residences of all stockholders owning 5% or
more of the corporate stock; if a partnership, the business address
and names and residence addresses of each of the partners; any fictitious
name or names under which the applicant does business; the name and
address of the person by whom the applicant is employed or with whom
he has contracted; the name and address of the subdivider and the
location of the subdivision in which the applicant is engaged or intends
to engage in residential building construction; a description by lot
number or otherwise of the lots on which such buildings are being
or will be constructed; and the number of such buildings which the
applicant is constructing or intends to construct during the year
in which the license will be issued.
The license shall be issued by the Village Clerk
upon receipt of the application and bond as above provided and upon
payment of a fee as determined by the Village Board to cover the cost
of issuing the license and approving the bond. The license shall authorize
the holder to engage in the business of a subdivision contractor,
as herein defined, during the calendar year in which the license is
issued. Each license is personal to the licensee and may not be assigned.
Each license shall expire at the end of the calendar year in which
issued.
Each license shall be renewed by the Village
Clerk for an additional calendar year upon the filing of an application
for renewal containing the same statements as required for the original
license and upon the filing of a renewal bond and payment of a fee
as determined by the Village Board.
The Village Board may at any time refuse to issue or may revoke a license upon finding that the licensee has substantially violated any of the provisions of the Uniform Fire Prevention and Building Code, the trust provisions of Article 3-A of the Lien Law, § 1116 of the Public Health Law, § 334 of the Real Property Law or Chapter 200, Zoning, and subdivision rules and regulations of the Village of Monroe, after a public hearing, 20 days written notice of which shall be served on the licensee in person or by mail and shall be published in the official newspaper of the Village. At such hearing, the licensee shall have the right to be heard in person and by an attorney. The Village Board, within 10 days after the hearing or any adjournment thereof, shall render a decision, in writing, stating the basis of its decision, shall serve a copy of the decision by mail or in person upon the licensee and shall file the decision in the Village Clerk's office. Such decision shall be final, subject to judicial review under Article 78 of the Civil Practice Law and Rules.
The Zoning and Building Inspector of the Village
of Monroe shall issue a building permit for a residential building
constructed by a subdivision contractor, as herein defined, only if
at the time such permit is issued the subdivision contractor shall
be in possession of a valid current license.
The Village may pursue its remedies under a
bond independently of other obligees or jointly with them, but the
Village shall be under no obligations to pursue such remedies. The
Village shall have no responsibility or liability to other obligees
under a bond, and the rights of other obligees shall be unaffected
by any action or inaction by the Village.
[Amended 7-6-1999 by L.L. No. 3-1999]
Any person who engages in business as a subdivision contractor, as herein defined, without a license as herein required or who continues in such business after his license has been suspended or revoked shall be guilty of an violation and, upon conviction thereof, shall be punished by a fine as set forth in Chapter 1, Article II, General Penalty, § 1-14, with a minimum fine of not less than $50. For the purpose of conferring jurisdiction upon courts and judicial officers, violations of this article shall be the violation of disorderly conduct, and for jurisdictional purposes, all provisions of law related to violations shall apply to such violations. Each day in which such person operates in violation of this chapter shall be deemed a separate violation and offense.
This chapter shall not affect the responsibility
of a subdivision contractor for any loss of life or damage to person
or property, nor shall the Village of Monroe be deemed to have assumed
any such liability by reason of the issuance of any license hereunder.
