[HISTORY: Adopted by the Township Council of the Township of Pemberton:
Art. I, 5-6-1991 as Ord. No. 11-1991.
Amendments noted where applicable.]
GENERAL REFERENCES
Licensing of contractors — See Ch. 88.
[Adopted 5-6-1991 as Ord. No. 11-1991]
A.
As a condition to the issuance or renewal of any license
or permit issued by or requiring the approval of the municipality, the applicant
shall provide proof of payment of all taxes or assessments on the property;
or proof that the applicant is not an owner of the property.
B.
No license or permit shall be issued or renewed unless
and until the applicant has demonstrated that all property taxes or assessments
on the property have been paid and are current or, alternatively, that the
applicant is not an owner of the property.
As used in this Article, the following terms shall have the meanings
indicated:
Any person, agent, servant, employee or representative appointed
by ordinance, resolution, regulation or directive of the Mayor or Township
Council to perform the duties set forth herein.
Any person, firm, partnership, association, company, corporation,
organization, trust, estate or other entity having a legal or equitable interest
in the property; it shall also include any tenant of the property whose lease
or rental agreement affords the tenant an option to purchase the property.
If the "owner" is a partnership, it shall also include any member of such
partnership. If the "owner" is a corporation, it shall include a person who
possesses any shares of stock in such corporation.
The property or realty wherein the business or activity for which
the license or permit is sought is to be conducted.
All municipal taxes and assessments as provided for by general law,
and shall include but not necessarily be limited to local real property taxes,
municipal utility liens, trash collection fees, water and sewer liens/assessments
and the like.
A.
Upon determination by the municipality or its designated
official that the owner of property upon which the licensed business or activity
is conducted has failed to pay the taxes due on the property for at least
three consecutive quarters, the municipality may revoke or suspend the license
or permit of said owner in accordance with the following procedures: Prior
to the suspension or revocation of a license or permit under this Article,
the municipality, through its designated official, shall serve written notice,
by certified and regular mail, to the licensee or permittee at the address
indicated on said license or permit that the taxes due on the subject property
have been delinquent for at least three consecutive quarters. Said notice
shall also provide that the licensee or permittee shall pay the taxes due
on the property within 10 days of receipt of the notice. No revocation or
suspension of the license or permit shall take place prior to the expiration
of this ten-day period.
B.
Upon receipt of the notice of delinquent taxes, the licensee
or permittee who is an owner of the subject property shall have 10 days to
either pay said taxes or notify the Township Clerk that he/she contests the
delinquency of payment of taxes on the property and to request a hearing before
the Township Council. Upon receipt of the licensee's or permittee's
notice and request for hearing, the Township Clerk shall, within 30 days thereof,
schedule a hearing before the Township Council.
C.
At the hearing, the licensee or permittee shall have
the opportunity to present such proofs as he/she deems necessary, and the
Township Council shall make such inquiry as it deems appropriate.
D.
Within 20 days after the date of the hearing, the Township
Council shall render a written decision.
E.
If the licensee or permittee requests a hearing pursuant
to the provisions hereof, the license or permit shall not be suspended or
revoked until such time as the Township Council renders its written decision.
F.
Upon revocation or suspension of a license or permit
under the provisions hereof, the licensee or permittee shall be prohibited
from conducting or permitting the operation of the business or activity which
is the subject of the license or permit on the property.
G.
Upon suspension or revocation, the licensee or permittee
may pay the delinquent taxes or assessments. Upon proof of payment of the
delinquent taxes or assessments to the municipality or its designated official,
the license or permit shall be restored.
Any person, firm, corporation or entity violating any of the provisions
of this Article shall be liable to a fine or penalty not less than $100 or
more than $1,000 for each offense or by imprisonment for a term not exceeding
90 days or for a term of community service not exceeding 90 days. Each day
that a violation occurs or is committed shall constitute a separate offense.
