[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 3-22-2011 by Ord. No. 985. Amendments noted where
applicable.]
The purpose of this chapter is to require certain landscape
contractors to register with the Borough to ensure that the Borough
knows the name of such landscape contractors performing services within
the Borough to assist resident's seeking to avoid those who engage
in improper or unscrupulous business practices, since the Borough
determines that it is in the best interest of the health, safety and
welfare of its residents for this protective measure.
As used in this chapter, the following words and phrases shall
have the following meanings:
A landscape contractor that is registered as a home improvement
contractor pursuant to the Contractors' Registration Act, N.J.S.A.
56:8-136 et seq., and its regulations ("the Act").
To demand and/or accept payment or compensation for completion
of services.
To be in the business, occupation or trade of mowing lawns,
trimming shrubs and applying pesticides and/or fertilizers. For purposes
of this definition, the planting of flowers, shrubs and/or trees or
the laying of sod and establishment of a lawn is not landscaping.
Any individual or entity, whose existence is recognized by
law, including, but not limited to, any partnership, corporation (for
profit, nonprofit or municipal and its agencies), firm, association,
or any combination of the foregoing, which is engaged in the business
of providing landscape services for hire.
A.
Any landscape contractor for hire shall not landscape or engage in
landscaping on any public or private property within the Borough without
first registering with the Municipal Clerk on forms to be supplied
by the Borough.
B.
An exempt landscape contractor is not subject to these regulations;
provided, however, that such contractor, before engaging in any home
improvements, shall file its home improvement registration with the
Municipal Clerk before engaging in any home improvement work as defined
under the Act[1] and its applicable regulations.
[1]
Editor's Note: See N.J.S.A. 56:8-136 et seq.
[Amended 3-28-2017 by Ord. No.
2017-03]
A.
Every registration shall be issued and renewed on an annual basis,
effective February 1 of each year, upon payment of an annual fee to
the Borough in the amount of $50. An exempt landscape contractor shall
not be required to pay a fee.
B.
Landscape contractors for hire shall have 30 days from the effective
date hereof to register, which registration shall be effective until
February 1 of the year following adoption. Exempt landscape contractors
shall file their home improvement registration within 30 days of the
effective date hereof, which shall remain valid until February 1 of
the year following adoption.
C.
The Borough Council may, upon recommendation of the Borough Engineer
or Borough Superintendent of Public Works, or designee of one or both,
after notice and an opportunity for a hearing, suspend or revoke any
registration for violation of law or related Borough ordinances, or
for good cause, which is shown to be prejudicial to the public health,
safety or welfare. When the Borough Engineer or Borough Superintendent
of Public Works, or designee of one or both, has reasonable cause
or belief that an emergency affecting the public health, safety or
welfare so requires, said official may temporarily suspend any registration
for a period not to exceed one week or until the Borough Council can
be convened to consider said suspension.
D.
The Borough makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person that is registered by the
Borough to engage in landscaping for hire.
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency.
[Amended 3-28-2017 by Ord. No. 2017-03]
If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this chapter but shall be
confined in its effect to the provision directly involved in the controversy
in which such judgment shall have been rendered.
[Amended 3-28-2017 by Ord. No. 2017-03]
This chapter shall take effect after final passage and publication
as required by law.
