[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.
