[HISTORY: Adopted by the Township Council of the Township of Lower 10-20-2003 by Ord. No. 2003-13 (Sec. 4-2 of the 1975 Code). Amendments noted where applicable.]
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.
Each applicant for a contractor's license shall file an application with the Construction Official on a form to be provided by the Construction Official. Each application shall be accompanied by:
A letter evidencing the maintenance of an account in good standing from a licensed bank;
A letter of good standing from a person engaged in the retail or wholesale sale of building materials or supplies; and
A letter of recommendation from a customer for work completed by the applicant.
Proof of liability insurance in the amount of $300,000 and any other insurance required by state statute, including, without limitation, workers' compensation insurance.
A license shall be issued to the applicant by the Construction Official upon a finding that the applicant has complied with the requirements of this chapter.
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:
Any license issued pursuant to this chapter shall be revoked after notice and a hearing for any of the following causes:
Fraud or misrepresentation in any application.
Fraud, misrepresentation or other dishonesty in the conduct of the licensed activity.
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.
Conduct by the licensee in a manner that constitutes a danger to the public health, safety or general welfare.
Conviction of the licensee of a violation of any state law or Township ordinance or regulation related to the licensed activity.
Failure to comply with any requirement of this chapter.
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.
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.
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.
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.