[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979
by Ord. No. 79-111 as Ch. 9, Art. 18, of the 1979 Revised
General Ordinances of Paterson. Amendments noted where applicable.]
A.
No person shall engage in the business of constructing,
erecting, altering, repairing, restoring, reroofing, residing, moving or demolishing
the whole or any part of buildings or structures or engage in the construction
or repair of sidewalks or driveways or engage in the construction and installation
of swimming pools or engage in the business of erecting or altering signs,
for any of which a permit is required by the applicable ordinances of the
city, until such person shall be licensed by the Department of Community Development.
B.
The owner or occupant of a building or structure who performs any of the activities set forth in Subsection A above on such buildings or structures shall not be required to be licensed in accordance with the provisions of this chapter, provided that such owner or occupant performs and supervises his own work.
C.
This chapter shall not be applicable to builders of new
homes who are registered with the State Department of Community Affairs pursuant
to Laws of 1977, Chapter 467 (N.J.S.A. 46:3B-1 et seq.), effective September
3, 1978.
A.
Applications for licensing as required by § 153-1 above shall be made to the Community Development Director or his designee, under oath on a form furnished by him or his designee.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business
address.
(2)
Whether the applicant is an individual, a partnership,
a corporation or any other entity and, if any other entity, a full explanation
and description thereof.
(3)
If the applicant is an individual, the applicant's
residence address and date and place of birth.
(4)
If the applicant is a partnership, the full names, residence
addresses, dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity:
(a)
In the case of a corporation, the full names, residence
addresses, dates and places of birth of each major officer and each stockholder,
the name and address of the registered agent and the address of the principal
office. The term "stockholder," as used herein, means and includes any person
owning or having an interest, either legal or equitable, in ten percent (10%)
or more of the stock issued and outstanding of the applicant corporation.
(b)
In the case of another entity, the full names, residence
addresses, dates and places of birth of each person owning or having any interest,
either legal or equitable, aggregating in value ten percent (10%) or more
of the total capital of said entity, the name and address of the registered
agent, if any, and the address of the principal office.
(6)
Whether the applicant or any partners, officers or stockholders
thereof have ever been arrested or convicted of a crime and, if so, the name
of the person arrested or convicted, the date of arrest, the crime or charge
involved and the disposition thereof. The term "officers," as used herein,
means and includes the President, Vice Presidents, Secretary and Treasurer
of a corporate applicant.
(7)
The number of years the applicant has been in business
at its present business address or at any prior location, including the addresses
of such prior locations, if any.
C.
Upon receipt of such application, the Community Development
Director or his designee shall submit the same to the Police Division for
a report with reference to the truth of the matters contained in the application
and for the purpose of obtaining a copy of any police record which the applicant
or any partner, officer or stockholder thereof may have.
D.
Upon return of such report, the Community Development
Director or his designee shall determine if the character and business responsibility
of the applicant or any partner, officer or stockholder thereof is satisfactory,
and if the Construction Official so determines, he shall cause a license to
be issued to the applicant. The Construction Official shall determine that
the character and business responsibility of the applicant or any partner,
officer or stockholder thereof is satisfactory unless the application, the
report of the Police Division or other evidence presented to the Community
Development Director or his designee shall tangibly disclose any of the following:
(1)
Conviction for a crime involving moral turpitude.
(2)
Prior violations of statutes, ordinances or regulations
relevant to the construction, erection, alteration, repair, restoration, reroofing,
residing, moving or demolition of any building, structure, sidewalk, driveway,
swimming pool, sign, billboard or part thereof.
(3)
A determination of previous fraudulent acts or conduct.
(4)
A record of continual breaches of contracts.
(5)
Concrete evidence of bad character.
(6)
Grounds similar to those listed above which reasonably
would cause the Construction Official to determine that the character and
business responsibility of the applicant or any partner, officer or stockholder
thereof is not satisfactory.
[Amended 4-28-1992 by Ord. No. 92-015]
A.
Upon filing such application, the applicant shall pay to the Director of Community Development or his designee a fee of one hundred dollars ($100.) for such license or for relicensing after revocation of a license previously issued to such applicant in accordance with the provisions of § 153-6.
B.
The term of such license shall expire on December 31
of the calendar year in which such license is issued.
C.
Such license shall be automatically renewed by the Director of Community Development or his designee upon payment by the applicant to the Director of Community Development or his designee of an annual renewal fee of fifty dollars ($50.). Such renewal shall be for the calendar year in which such renewal occurs. Upon failure to renew any license on or before January 31 of the immediately succeeding calendar year, any subsequent license shall be and constitute a new original license subject to the filing of a new application in accordance with the provisions of § 153-2 and to the payment of the fee specified in Subsection A of this section.
For the purpose of this chapter, there shall be the following classes
for licensing:
A.
General contractor. A contractor who is proficient in
the construction of a building or structure from start to finish and the alteration,
addition to or repair of any building or structure. This class of contractor
shall be equipped to handle such work either by and through his own organization
or appropriate subcontractors and, in the latter event, shall be completely
responsible for his subcontractors' work.
B.
Contractor. A contractor who is proficient in the construction
of a building or structure from start to finish and the alteration, addition
to or repair of any building or structure. This class of contractor shall
be equipped to handle such work by and through his own work or his own organization
or employees.
C.
Roofing and siding contractor. A contractor who is engaged
in the business of or who is proficient in the applying of roofing and siding
materials to existing or new buildings or structures.
D.
Demolition contractor. A contractor who is engaged in
the business of or who is proficient in the demolishing of any building or
structure, in whole or in part.
E.
Moving contractor. A contractor who is engaged in the
business of or who is proficient in the moving of any building or structure.
F.
Swimming pool contractor. A contractor who is engaged
in the business of or who is proficient in the installation of swimming pools,
their equipment and appurtenances.
G.
Sign or billboard contractor. A contractor who is engaged
in the business of or who is proficient in the erection, alteration or maintenance
of signs or billboards.
H.
Miscellaneous contractor. A contractor who is proficient
in work of a special character as determined by the Community Development
Director or his designee.
I.
Sidewalk contractor. A contractor who is engaged in the
business of or who is proficient in the construction or repair of sidewalks.
J.
Driveway contractor. A contractor who is engaged in the
business of or who is proficient in the construction or repair of driveways.
A.
If any person licensed in accordance with the provisions
of this chapter shall be convicted of violating any statute, ordinance or
regulation in the execution of any work for which a permit is required by
the applicable ordinances of the city relevant to the construction, erection,
alteration, repair, restoration, reroofing, residing, moving or demolition
of any building, structure, sidewalk, driveway, swimming pool, sign, billboard
or part thereof, the Community Development Director or his designee shall
revoke the license of such person immediately. The Community Development Director
or his designee shall not restore such license during such time as the violation
for which such conviction was obtained, exists or remains.
B.
If, after a public hearing held by the Community Development Director or his designee, the Director or his designee determines that the character and business responsibility of any person licensed in accordance with the provisions of this chapter has become unsatisfactory, the Community Development Director or his designee shall revoke the license of such person immediately. At least five (5) days' notice in writing of the time, place and purpose of such public hearing shall be given to the license holder by the Community Development Director or his designee. In determining whether the character and business responsibility of such license holder has become unsatisfactory, the Construction Official shall be bound by those standards set forth in § 153-2D above for the issuance of licenses.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding one thousand dollars ($1,000.),
by imprisonment for a term not exceeding ninety (90) days or by a period of
community service for not more than ninety (90) days, or any combination thereof.
A separate offense shall be deemed committed on each day during or on which
a violation occurs or continues.
