Every person who shall engage in the building business or who shall
erect, construct, alter, repair or maintain any building or property in the
Township shall first obtain a contractor's license from the Township Construction
Official; provided that this chapter shall not prevent the owner of any house
or building that is used solely for such owner's personal use from making
alterations or repairs to such house or building upon securing all required
permits and otherwise complying with applicable law.
All licenses shall be effective from January 1 to December 31, inclusive,
of each year. All licenses shall expire December 31 of the calendar year in
and for which issued, regardless of the date issued.
No license shall be transferable.
Every person required to register with the Township by this chapter
shall file an amended registration within 20 days of any change in information
provided on said person's prior application.
Each license issued in the name of a corporation or other business entity
shall designate a responsible party who shall be an employee or officer of
such business entity and who shall supervise and be personally responsible
for all work performed by said corporation or other business entity.
All fees for licenses shall be fully due and payable to the Township
of Lower before any work for which a license is required is begun, and the
proper officers of the Township are authorized to institute suit in any court
of competent jurisdiction for the recovery thereof upon failure to so pay
the same when due. Such fees shall be in addition to any penalties imposed
or incurred for any violation hereof.
The following provisions shall apply to the revocation of any license
issued pursuant to this chapter:
A. Any license issued pursuant to this chapter shall be
revoked after notice and a hearing for any of the following causes:
(1) Fraud or misrepresentation in any application.
(2) Fraud, misrepresentation or other dishonesty in the conduct
of the licensed activity.
(3) Failure to respond to any legal or administrative action
arising from the licensee's erecting, constructing, altering, repairing or
maintaining any building or property in the Township.
(4) Conduct by the licensee in a manner that constitutes
a danger to the public health, safety or general welfare.
(5) Conviction of the licensee of a violation of any state
law or Township ordinance or regulation related to the licensed activity.
(6) Failure to comply with any requirement of this chapter.
B. Notice of a hearing for the revocation of a contractor's
license shall be given in writing by the Construction Official or his designee
no less than 10 nor more than 30 days before the date of the hearing. Notice
shall specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. Notice shall be delivered
personally or sent simultaneously by regular mail and certified mail, return
receipt requested, to the licensee at the address on the licensee's application,
unless the licensee has provided an alternate address to the Township. Mailed
notice shall be presumed to be delivered three days after the postmark date,
excluding Sunday.
C. Prior to license revocation, the licensee shall have
the right to a hearing before the Construction Official and shall be entitled
to be represented by an attorney, to present witnesses, to cross-examine opposing
witnesses and to have a permanent record made of the proceedings at the licensee's
own expense.
D. The Construction Official shall revoke or suspend the
license if the Construction Official is satisfied by a preponderance of the
evidence that the licensee has failed to comply with the provisions of this
chapter. The Construction Official shall mail notice of his or her decision
to the licensee within 10 business days of the hearing.
E. The Construction Official shall reinstate the license
upon receiving clear and convincing evidence of the licensee's compliance
with the provisions of this chapter.
Any person violating the terms of this chapter shall be subject to a
fine of not less than $100. Each date upon which a violation occurs shall
be deemed a separate violation.