[Amended 11-10-1992 by Ord. No. 18-92]
This chapter shall apply to all persons, partnerships,
corporations or other entities who shall undertake any services in
the Borough of Maywood for a fee, the purpose of which is to add or
remove rooms, dormers or other structures or to improve, modernize
or modify existing rooms or structures or to install, resurface or
improve driveways or sidewalks, or any improvements for which a building
permit is required, or to remove trees, orto perform chemical treatments
upon lawns, or to provide such services as needed for the removal
or extermination of termites, provided that such work shall be accomplished
upon any structure or property in the Borough of Maywood where persons
reside or will reside upon completion of the work, and further provided
that the persons or firm offering the service shall not be otherwise
licensed by the State of New Jersey pursuant to the terms of the law
and regulations promulgated pursuant to statute by state agencies
having control over such services.
Any person or firm to whom this chapter applies, as set forth in §
153-1 above, shall, prior to commencing any work or service in the Borough of Maywood, make application to the Construction Code Official for a local contractor's license. The failure to obtain such license prior to commencement of work or services shall constitute a violation of this chapter.
All applications shall be submitted, in writing,
upon the form provided by the Construction Code Official and shall
contain the following information.
All licenses issued pursuant to this chapter
shall expire one year after the date of issue; provided, however,
that such licenses may be renewed annually upon payment of a fee hereinafter
set forth.
[Amended 12-29-1987 by Ord. No. 15-87]
The initial and renewal fees for a local contractor's license shall be as set forth in Chapter
169, Fees.
The following shall constitute the sole grounds
for which the Construction Code Official may revoke a license or deny
the issuance of an initial license or the renewal thereof:
A. Failure to carry worker's compensation insurance.
B. Failure to comply with construction standards required
by state laws or regulations or local ordinances or codes after having
been given a notice to cure such noncompliance and after the contractor
has failed to effect compliance without just cause.
C. Failure to comply with the lawful instructions of
the Construction Code Official regarding:
(2) Altering plans submitted for the obtaining of the
building permit without first receiving the approval of the Construction
Code Official.
(3) Failure to obtain a building permit where required.
(4) one owner/resident complaint against the contractor
for unworkmanlike or unsafe services, which complaint has been personally
verified by the Construction Code Official or his deputy.
D. If the licensee or applicant has had any local contractor's
license revoked by any municipality in the State of New Jersey for
any cause other than failure to pay licensing fees.
In the event that the Construction Code Official
has revoked or denied a license to an applicant or has refused to
renew such license upon submission of the required fee, the aggrieved
contractor may appeal such denial, in writing, to the Mayor and Council.
Upon such appeal, the following steps shall be taken:
A. Upon receipt of the written appeal, the Borough Clerk
shall set a date for the Mayor and Council to hear such appeal. This
date may be adjourned for a reasonable time at the request of the
Mayor and Council or the contractor.
B. At the time, date and place set for the hearing, the
Mayor and Council shall conduct an inquiry into the reasons for the
denial by the Construction Code Official and shall hear the contractor
as to why such denial was unreasonable or improper. At the hearing,
the contractor shall be entitled to call witnesses and to be represented
by counsel.
C. At the conclusion of the hearing, the contractor and
the Construction Code Official shall be dismissed from the hearing
room, and the Mayor and Council shall immediately determine whether
or not the denial of the license was proper under the circumstances,
and, if determined to be improper, the Council shall direct the Construction
Code Official to issue the license. If the Council determines that
the license denial was proper, it shall, in its discretion, take one
of the following actions:
(1) Uphold the denial without further action.
(2) If circumstances warrant, issue the license conditioned
upon the contractor's adherence to steps imposed by the Mayor and
Council which are designed to reasonably ensure compliance by the
contractor with this chapter.
(3) If circumstances warrant, direct the issuance of the
license at such time as any deficiencies which were the grounds for
the denial have been cured by the contractor. The Council shall set
forth the deficiencies in its ruling.
D. Within 10 business days of the hearing date, the Council
shall notify the Construction Code Official and the contractor, in
writing, of its determination and any conditions which have been placed
upon the issuance of the license by the Mayor and Council.
In addition to the enforcement of this chapter,
the Construction Code Official shall ensure that the information contained
in the application for a local contractor's license is current and
that the applications for local contractor's licenses are public documents
and made available for inspection and copying by any interested person.
He shall notify the owner of the property on which work is to be done
by the contractor if the contractor does not carry public liability
insurance.
Any person or firm which fails to obtain a local
contractor's license when required to do so by this chapter shall,
if any work is commenced on any project covered by this chapter, be
subject to a penalty of fine of up to $1,000 or imprisonment for not
more than 90 days, or both.