[HISTORY: Adopted by the City Council of the City of Pleasantville
2-17-1999 by Ord. No. 7-1999. Amendments noted where applicable.]
It shall be unlawful for any person, partnership, corporation or other
business entity to engage in the business or act in the capacity of a contractor
or builder within the City of Pleasantville without first having obtained
a license therefor as provided herein.
A.
Scope and meaning of certain words and terms. Unless
the context clearly indicates the contrary, words used in the present tense
include the future, the singular includes the plural and the plural includes
the singular. The word "shall" is mandatory and the word "may" is permissive.
B.
BUILDING
CONTRACTOR
PERSON
Definition of terms. The following terms shall have the
meanings indicated:
Any roofed structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind.
Any person who is in any capacity other than as the employee of another
with wages as the sole compensation, undertakes or offers to undertake or
purports to have the capacity to undertake of accepts an order or contract
whether on a fixed sum cost plus or percentage or fixed fee, or any combination
thereof, or submits a bid to construct, alter, repair, add to, subtract from,
demolish, re-roof, concrete work, fencing, site work, reside or in any way
improve any building, structure, property, project or improvement, or to do
any part thereof, including the erection of scaffolding or other structures
or works in connection therewith.
Any individual, firm association, partnership or corporation.
A.
The owner or occupant of a building or structure who performs any of the activities set forth under the definition of "contractor" in § 121-2 on such building or structure shall not be required to be registered in accordance with the Uniform Construction Code N.J.A.C. 5:23, provided that such owner and/or occupant performs and supervises his own work.
B.
This chapter shall not apply to any person offering any
service provided for herein who shall be otherwise licensed by the State of
New Jersey pursuant to N.J.A.C. 5:23.
A.
Application for registration and license as required by § 121-1 shall be made to the Construction Official under oath on a form furnished by him.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name, business address
(post office box not sufficient), mailing address and telephone number.
(2)
Whether the applicant is an individual, partnership,
corporation or any other entity and, if other entity, a full explanation and
description thereof.
(3)
If the applicant is an individual, the applicant's residence
address, the date and place of birth and social security number.
(4)
If the applicant is a partnership, the full names, residence
addresses, dates and places of birth of each member and their respective social
security numbers.
(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 and social security numbers of each major
officer and each stockholder, the name and address of the registered agent
and the name and 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 10% of the stock issued and outstanding in the applicant's
corporation).
(b)
In the case of another entity, the full names, residence
addresses, dates and places of birth and social security numbers of each person
owning or having an interest, either legal or equitable, aggregating in value
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 president, secretary, assistant secretary,
treasurer and assistant treasurer of the 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 location and all corporate names under which the applicant has
operated and all corporate offices and major interest holders.
(8)
The name and address of the insurance company providing
the applicant with public liability insurance, policy number, expiration date
and the amount of coverage.
(9)
The name and address of the applicant's workers' compensation
insurance carrier, policy number and expiration date of said policy.
(10)
The identity of any other municipality in which the applicant
is licensed and the name, address and phone number of two individuals for
whom the applicant has performed comparable work.
(11)
The identity of any municipality which requires licensing
in which the applicant's license has been revoked for any reason. If there
has been a revocation of said license, indicate the municipality and the reason
for revocation.
(12)
If applicant is not licensed in at least two other municipalities,
he/she must take and pass a written test given at the Construction Official's
office.
(13)
The applicant must carry the license with him when working
within the City limits, and every vehicle shall display the license. The initial
license fee pays for a license and two vehicle stickers. Additional vehicle
stickers shall cost $5 each.
C.
Upon receipt of such application, the Construction Official
shall determine if the character and business responsibility of the applicant
and/or any partner, officer or stockholder thereof is satisfactory and, if
the Construction Official so determines, he shall cause the applicant to be
registered and licensed. 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 or other evidence
presented to the Construction Official shall tangibly describe any of the
following:
(1)
Conviction of a crime involving moral turpitude.
(2)
Prior violations of statutes, ordinances or regulations
relevant to the construction, erection, alteration, repair, restoration, reroofing,
re-siding, removing or demolition of any building, structure, swimming pool,
sign, billboard or part thereof or any property improvements which have not
been timely corrected.
(3)
A determination of previous fraudulent acts or conduct.
(4)
A history of adjudicated breaches of contracts.
(5)
The failure to carry and maintain public liability and
workers' compensation insurance coverage.
D.
If said application for registration and license is denied,
the applicant shall be advised in writing of the reasons for denial. The applicant
may appeal to the Public Service Committee of the City Council within 20 days
of the Construction Official's determination. A copy of the notice of appeal
shall be served upon the City Clerk, City Administrator and the Construction
Official. The Committee shall entrain the appeal within 30 days of the receipt
of the notice of appeal unless any other date is required because of the inability
of Council to meet within said period or because of the mutual consent of
the parties. If the Committee cannot meet within said thirty-day period, the
appeal shall be heard not later than the next regularly scheduled meeting
after said thirty-day period. At said appeal, the applicant may be represented
by counsel but, in any event, will be required to give testimony under oath.
The applicant or his representative may cross-examine any witness and may
call witnesses on his behalf.
A.
Upon filing such application, the applicant shall pay
to the Construction Official the following fees:
(1)
Class I: a fee of $100.
(3)
A separate fee as determined by the State of New Jersey for a request for criminal history record information and made payable to the State Bureau of Investigation for such registration and license or for registration after revocation of a registration previously issued to such applicant and in accordance with provisions of § 121-10. Each of these provision's fees must be paid by separate check only.
B.
The term of such registration shall be January 1 through
December 31 of each year.
D.
The license must be renewed by January 16. If January
16 falls on Saturday, it must be renewed by Friday, January 15. If it falls
on Sunday, it must be renewed by Monday, January 17. A license shall automatically
be renewed by the Construction Official upon payment by the applicant of an
annual renewal fee of $50.
F.
All registered contractors shall notify the licensing
officer of any change in the names, addresses, places of business and telephone
numbers listed on the application.
G.
A file of all registered contractors shall be kept in
the office of the Construction Official, which shall include the contractors'
respective names, addresses and telephone numbers.
H.
The contractor shall notify the Construction Official
of any change in the name and address of the insurance carrier and change
in policy limits for the public liability and workers' compensation coverage
and shall confirm the renewal, each year, of these coverages by submitting
a certificate of insurance for each policy to the Construction Official, to
be kept on file.
A.
If any person, firm, or corporation registered under
the provisions of this chapter shall fail in the execution of this chapter
to comply with any work for which a permit is required, including this chapter,
other applicable ordinances and regulations of the City of Pleasantville relevant
to the construction, erection, alteration, repair, restoration, re-siding,
reroofing, concrete, fences, moving or demolition of any building, structure,
swimming pool, sign or billboard or part thereof or any property improvement,
the Construction Official shall cause a notice of violation to be served upon
such person or the principal member or officer of any such firm or corporation
in accordance with the established procedures as set forth in the Uniform
Construction Code of the State of New Jersey. Upon conviction for such violation
or upon failure to correct such violation within the period of time stated
in the notice of violation, the registration and license of such person, firm
or corporation shall be revoked by the Construction Official who shall strike
the name of such person, firm or corporation from the registration list and
shall not reenter or reinstate such registration or license during such time
as said violation exists or remains. The Construction Official shall give
written notice prior to revoking any license.
B.
Any person, firm or corporation giving false or misleading
statements will be in violation of this chapter and the registration and license
of such person, firm or corporation shall be revoked by the Construction Official
who shall strike the name of such person, firm or corporation from the registration
list.
C.
Any person or persons, whether agents, servants and/or
employees, who shall violate any of the provisions of this chapter and any
person, firm or corporation violating or assisting in violation thereof shall,
upon conviction thereof in the Municipal Court of the City of Pleasantville,
be subject to a fine of not less than $100 nor more than $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community service not
exceeding 90 days.
D.
Each day that such person or persons, whether agents
or employees, shall fail to comply with the provisions of this chapter, shall
constitute a separate or additional offense against the provisions hereof.
E.
The terms of any suspension shall be at the discretion
of the Construction Official and not less then six months.
F.
Upon the anniversary of the issuance of a registration
or license to a contractor under the terms of this chapter, said registration
and license shall undergo review by the Construction Official and, if the
contractor has been the recipient of an excessive number of notices of violation
and/or stop-work notices, said license shall be revoked for a period of six
months.
If a contracting business covered under this chapter is physically located
within the City of Pleasantville, all property taxes shall be paid in full
prior to the issuance or renewal of any license required by this chapter.
Any license issued under this chapter shall be revoked for the failure to
keep current all real estate taxes on said property.[1]
Appeals from any decision made by the Construction Official and the
revocation or execution of other duties pursuant to the provisions of this
chapter shall be made to the Public Service Committee of the City Council
of the City of Pleasantville. Any appeals from convictions in the Municipal
Court of the City of Pleasantville shall be made as provided for by the laws
of the State of New Jersey and the rules governing the courts of the State
of New Jersey.
Any person, firm or corporation whose registration has been revoked under the provisions of § 121-7 of this chapter may register and have his or her name reentered upon the registration list upon the filing with the Public Service Committee, or its designated representative, a certification by the Construction Official to the effect that all violations with reference to which conviction was secured have been corrected or are nonexistent and upon payment of the fee described in § 121-6.
