[HISTORY: Adopted by the Town Board of the Town of Tonawanda, 11-27-1995
by L.L. No. 2-1995. Amendments noted where applicable.]
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.
The following words, terms and phrases as used in this chapter are defined
as follows:
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.
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.
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]
[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.
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.
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.
[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.
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.
This chapter shall take effect on January 1, 1996.
