[HISTORY: Adopted by the Mayor and Council of the Borough of Tuckerton 9-15-1997
by Ord. No. 7-1997. Amendments noted where applicable.]
A.
Every person, firm or corporation engaged in the business
of constructing, erecting, altering, repairing, restoring, reroofing, re-siding,
moving or demolishing the whole or any part of buildings or structures, or
engaged in the construction and installation of swimming pools, or engaged
in the business of erecting or altering signs or landscaping, shall be required
to register the name of such person, firm or corporation with the Building
Department unless he or it holds a valid state license for that type of work.
Every person, firm or corporation subject to registration under this chapter
shall be required to register and submit an application pursuant to this chapter
annually on or before January 15 of each year.
B.
The owner or occupant of the building or structure who
does all of his own work without the use of any contractor and executes a
sworn statement to this effect on forms supplied by the Zoning Officer or
Construction Office control person shall not be required to register as required
by this chapter.
C.
Any person, firm or corporation not required to register
under this chapter because of possession of a valid state license for said
work shall be required nonetheless to submit to the Zoning Officer or Construction
Office control person on or before January 15 of each year a copy of the applicable
license. Also, any builder who has registered with the Department of Community
Affairs pursuant to the provisions of the New Home Warranty and Builders'
Registration Act, N.J.S.A. 46:3B-1 et seq., shall not be required to register
under this chapter; however, said builder shall be required to provide proof
of registration pursuant to the New Home Warranty and Builders' Registration
Act and also provide proof that said builder has provided the warranty required
pursuant to the provisions of that Act.
A.
The application for registration and license as required by § 135-1 above shall be made to the Zoning Officer or Construction Office control person on a form furnished by that office.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name, business address
(post office box not sufficient) and telephone number.
(2)
Whether the applicant is an individual, partnership,
corporation or any other entity and, if other entity, a full explanation and
description thereof.
(3)
If the applicant is an individual, the applicant's
residence address, the date and place of birth and social security number.
(4)
If the applicant is a partnership, the full names, residence
addresses, dates and places of birth of each member and their respective social
security numbers.
(5)
If the applicant is a corporation or other entity, in
the case of a corporation, the full names, residence addresses, dates and
places of birth and social security numbers of each officer and each stockholder,
the name and address of the principal office (the term "stockholder" as used
herein means and includes any person owning or having an interest, either
legal or equitable, of at least ten percent of the stock issued and outstanding
of the applicant corporation); in the case of another entity, the full names,
residence addresses, dates and places of birth and social security numbers
of each person owning or having an interest, whether legal or equitable, aggregating
in value ten percent or more of the total capital of said entity, the name
and address of the registered agent, if any, and the address of the principal
office.
(6)
The number of years the applicant has been in business
at its present business address or at any prior location, including the addresses
of such prior location, and all corporate names under which the applicant
has operated and all corporate officers and major interest holders.
(7)
The name and address of the insurance company providing
the applicant with public liability insurance, policy number, expiration date
and the amount of coverage to be in an amount of at least $300,000 single
limit.
(8)
The name and address of the applicant's workers'
compensation insurance carrier, policy number and expiration date of said
policy.
(9)
The identity of any other municipality in which the applicant
is licensed.
(10)
The identity of any municipality which requires licensing
in which the applicant's license has been revoked for any reason. If
there has been a revocation of said license, indicate the municipality and
the reason for revocation.
C.
The character and business responsibility of the applicant
or any partner, officer or stockholder shall be deemed satisfactory unless
the application or other evidence presented to the Zoning Officer or the Construction
Office control person shall disclose any of the following:
(1)
Prior violations of statutes, ordinances or regulations
relevant to the construction, erection, alteration, repair, restoration, reroofing,
re-siding, removing or demolition of any building, structure, swimming pool
sign, billboard or part thereof, or any property improvements which have not
been timely corrected.
(2)
A determination of previous fraudulent acts of conduct.
(3)
A history of adjudicated breaches of contracts.
(4)
The failure to carry and maintain public liability and
workers' compensation insurance coverage.
D.
If said application for registration and license is denied,
the applicant shall be advised in writing of the reasons for denial.
A.
Upon filing such application, the applicant shall pay
to the Zoning Officer or Construction Office control person a fee of $50 to
cover the cost of licensing. The applicant shall also pay any other fees necessary
to complete the required criminal background check.
B.
The term of such registration shall be for a term of
one calendar year.
C.
The registration fee set forth in Subsection A of this section shall not be prorated for a term of less than one year.
D.
A license shall be renewed by the Zoning Officer or the
Construction Office control person upon payment by the applicant of an annual
renewal fee of $50. It shall be specifically understood, however, that the
term of any license issued under this chapter shall be effective only for
a period of one calendar year. Each applicant must therefore reapply and comply
with all the registration requirements of this chapter annually with each
renewal application.
E.
All registered contractors shall notify the licensing
officer of any change in the names, addresses, places of business and telephone
numbers listed on the application within 14 days after such change shall occur.
F.
A file of all registered contractors shall be kept in
the office of the Zoning Officer or the Construction Office control person
which shall include the contractors' respective names, addresses and
telephone numbers.
G.
The contractor shall notify the Zoning Officer and/or
Construction Office control person of any changes in the name and/or address
of the insurance carrier and change in the policy limits for the public liability
and workers' compensation coverages and shall confirm the renewal each
year of these coverages by submitting a certificate of insurance for each
policy to the Zoning Officer or the Construction Office control person to
be kept on file.
The Zoning Officer or the Construction Office control person shall revoke
the registration of any contractor licensed hereunder who shall be guilty
of any one or more of the following acts or omissions:
A.
Fraud or misrepresentation or concealment of a material
fact in the information given upon initial registration or upon reregistration
after revocation.
B.
Violation of the Building, Plumbing, Fire Prevention,
or Health Codes of the Borough of Tuckerton or of any other ordinance or statute
which governs the activities or nature of work performed by the contractor.
C.
Material and substantial breach of contract with the
owner or purchaser.
A.
The Zoning Officer or Construction Office control person,
on his or her own initiative and on forms to be prescribed by him or her or
any person, firm or corporation which has entered into an agreement for work,
either verbal or written, with any contractor registered hereunder, may file
a complaint against any registered contractor by the filing of the same with
the Building Department. Such complaint shall be in writing and signed by
the person filing same. The complaint shall contain a statement of facts setting
forth the specific facts relating to the violation of this chapter or of the
Borough of Tuckerton Building, Plumbing, Fire Prevention or Health codes or
any other Borough ordinance or statute pertaining to building, construction
or the registered contractor's activities.
B.
Upon a complaint being filed in the manner and form herein
prescribed, the Zoning Officer or Construction Office control person shall
forthwith issue a notice, in writing, directing the contractor to file a written
answer within 10 days after the service of notice, responding to the charges
or showing cause why his or her registration should not be revoked. A copy
of the complaint shall be served with said notice.
C.
Failure of the contractor in question to file a written
answer within 10 days may be deemed an admission by him or her of the commission
of the act or violations cited in the complaint, and his or her license thereupon
may be revoked forthwith by the Zoning Officer or Construction Office control
person without further evidence.
D.
In the event that the contractor in question shall file
a written answer within the time period prescribed in the notice, a hearing
shall be scheduled, notice of which shall be served no less than 10 days prior
to the date fixed for the hearing. Said hearing shall be held by and before
the Zoning Officer or the Construction Office control person of the Borough
of Tuckerton, who shall thereafter make all decisions as to fact and law concerning
revocation of the registration. At the hearing, the Zoning Officer or Construction
Office control person and the licensee shall each have the right to appear
personally or by counsel (counsel shall be required if the licensee is a corporation)
and cross-examine witnesses and produce witnesses and evidence in his behalf.
A.
Any person violating or failing to comply with any of
the provisions of this chapter shall, upon conviction thereof, be punished
by a fine of not less than $100 nor more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than 90 days,
or any combination of fine, imprisonment and community service as determined
by the Municipal Court Judge. The continuation of such violation for each
successive day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished as
provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
