Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda, 11-27-1995 by L.L. No. 2-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building, plumbing at electrical standards — See Ch. 54.
Licensing of electricians — See Ch. 75.
Licensing of plumbers — See Ch. 150.

§ 65-1 Purpose.

The purpose of this chapter is to make certain that any contractor engaged in business in the Town of Tonawanda meets certain requirements as established by the Town Board of the Town of Tonawanda.

§ 65-2 Definitions.

The following words, terms and phrases as used in this chapter are defined as follows:
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 or land adjacent to it and shall include, but not be limited to, blacktop sealing or blacktop work of any nature, cement or concrete work of any nature including the 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. "Contractor" shall also include a contractor hired by another contractor.

§ 65-3 License required; construal of terms.

A. 
It shall be unlawful to engage in business as a contractor in the Town of Tonawanda without first having obtained a license therefor as hereinafter provided. This section shall not apply to persons, firms, partnerships, corporations or other entities holding valid licenses as electricians or plumbers issued by the Town of Tonawanda.
B. 
Engaging in the following activities in the Town of Tonawanda for remuneration shall be construed as doing business as a contractor in the Town of Tonawanda: constructing, repairing, remodeling, altering, converting, modernizing or adding to any house, building, dwelling, structure or land adjacent to it and shall include, but not be limited to, blacktop sealing or blacktop work of any nature, cement or concrete work of any nature including the 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 in the Town of Tonawanda.

§ 65-4 License application; information.

A. 
Any person, firm, partnership, corporation or any other entity desiring to engage in business as a contractor in the Town of Tonawanda shall make application for a license to the Code Enforcement Officer 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 by a duly authorized officer of a corporation, if the applicant is a corporation.
[Amended 3-26-2007 by L.L. No. 2-2007]
B. 
The application shall contain the following information:
(1) 
If a person or firm, the name, residence, business address, telephone number and social security number of the applicant.
(2) 
If a partnership, the business address, telephone number, employer identification number and also the name, residence and social security number of each partner.
(3) 
If a domestic corporation, the name, business address and telephone number of the corporation, together with the corporation's employer identification number and the name and residence address and social security number of the principal officer of the corporation; if a foreign corporation, the name, business address and telephone number of the corporation, together with the corporation's employer identification number, the date it was authorized to do business in the State of New York, together with the names of the principal officer and local agent and their residence and business addresses and social security numbers.
(4) 
The specific type of work to be performed by the applicant.
(5) 
The approximate number of persons employed or to be employed by the applicant.
(6) 
Policies or certificates of insurance evidencing satisfactory workers' compensation coverage, if applicable, as well as bodily injury and property damage liability in the amount of $1,000,000 combined single limit.
[Amended 3-26-2007 by L.L. No. 3-2007]
(7) 
The name(s) of the financial institutions utilized by the applicant for the purpose of maintaining an escrow account on behalf of the applicant's customers.
(8) 
Such other information as the Code Enforcement Officer may reasonably require.
[Amended 3-26-2007 by L.L. No. 2-2007]

§ 65-5 Issuance or denial of license.

[Amended 3-26-2007 by L.L. No. 2-2007]
The Code Enforcement Officer is authorized to issue or deny the application for a license. Any application so approved shall be issued by the Code Enforcement Officer upon payment to the Code Enforcement Officer of the required fee.

§ 65-6 License expiration, posting and suspensions; duplicate license; fees.

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 the payment of a fee prescribed by this chapter, be renewed for an additional period of one year from its expiration upon filing of an application for renewal on a form to be prescribed by the Code Enforcement Officer.
[Amended 3-26-2007 by L.L. No. 2-2007]
D. 
A duplicate license may be issued for a lost, destroyed or mutilated license upon application therefor to the Code Enforcement Officer and upon payment of the fee prescribed therefor by this section.
[Amended 3-26-2007 by L.L. No. 2-2007]
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 Tonawanda. Such fee shall not be prorated for a term of less than one year.
G. 
The fee for issuing a duplicate license for one lost, destroyed or mutilated shall be set by resolution of the Town Board of the Town of Tonawanda.

§ 65-7 Compliance with other laws required.

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.

§ 65-8 Revocation of license.

[Amended 3-26-2007 by L.L. No. 2-2007]
Any contractor's license may be revoked by the Code Enforcement Officer for any violation of any applicable state law, including Article 36-A of the New York State General Business Law, state codes, this chapter or any local laws and/or any ordinances relating to the activities engaged in by such contractor which are included within the scope of this chapter. Such revocation may be in addition to any fine imposed for violating this chapter.

§ 65-9 Penalties for offenses.

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 than $250 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.

§ 65-10 Effective date.

This chapter shall take effect on January 1, 1996.