[HISTORY: Adopted by the Common Council of the City of North Tonawanda 4-3-2002. Amendments noted where applicable.]
Each person duly licensed and engaging in business as a contractor for a fee, within the City of North Tonawanda, New York shall register annually with the Building Department. Such registration shall run from January 1 to December 31 in each successive year, as provided in § 50 of the General City Law of the State of New York.
For the purposes of this chapter, any person, copartnership, corporation or association engaged in the business of cement, blacktop or concrete contracting, either flat, form or wall work, or as a masonry contractor, or as a carpenter contractor, or as a tree trimmer, or as a general contractor, or as a commercial sign installer, electrical contractor, HVAC contractor, swimming pool installer, fence installer, and any person engaged in the construction, alteration or repair of buildings or other structures or pavement or demolition of buildings is deemed to be a contractor.
The Building Inspector is hereby authorized to approve or deny applications for a contractor's license. Any application so approved shall be issued by the Building Inspector upon payment to the Building Inspector of the fee required by this chapter.
All applications for said license shall be made to the Building Department of the City of North Tonawanda. The fee for said license shall be $100 per calendar year or a fractional part of such year for which a license hereunder shall be issued, which fee shall be payable to the City of North Tonawanda.
No person, association, copartnership or corporation shall be entitled to or receive such license who or which, in case of a corporation or association any member of which, has been, since January 1, 1940, or who or which shall hereafter be, convicted of larceny or knowingly receiving stolen property or violation of this chapter.
The application shall contain the following information:
If a person, the name, date of birth, social security number, residence and business address of the applicant.
If a partnership, the name, date of birth, social security number, residence and business address of each partner.
If a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of the corporation; and if a foreign corporation, the date it was authorized to do business in the state, together with the names of the particular officers and local agents and their residence and business addresses as well as the corporation's taxpayer I.D. number.
The number of years the applicant has engaged in the contracting business.
The specific type of business or work to be performed by the applicant.
The approximate number of persons to be employed by the applicant.
Whether or not there are any outstanding liens or judgments against the applicant.
Satisfactory evidence that employees of the applicant are covered by workers' compensation and disability insurance.
Satisfactory evidence that the applicant is covered by general liability, personal injury and property damage insurance.
Such other information as the Building Inspector may require.
No permit shall be issued for the construction of a building or structure in the City or for the repair or alteration of the interior or exterior of any building or structure unless a certificate or other proof is filed showing that the contractor carried workers' compensation insurance, disability insurance and public liability insurance with limits of at least $100,000 for each person, $300,000 for each accident or bodily injury liability and $10,000 on property damage liability.
All licenses shall expire each year on the 31st day of December.
Each license issued shall be posted in a conspicuous place on the contracting establishment.
Any license which has not been suspended or revoked may, upon the payment of a fee prescribed by this chapter, be renewed for additional period of one year from its expiration upon the filing of an application for renewal on a form to be prescribed by the Building Inspector upon payment of the fee prescribed therefor by this chapter.
A duplicate contractor's license may be issued for a lost, destroyed or mutilated license upon application therefor to the Building Inspector and upon payment of a license replacement fee of $100.
No license shall be assignable or transferable.
It shall be the duty of all building contractors to comply with all ordinances relating to the construction of buildings or other structures, to the construction of streets or sidewalk pavement, and all laws or ordinances pertaining to or regulating the activities engaged in.
Any contractor's license may be revoked by the Building Inspector for repeated violations of any ordinance relating to the construction of buildings, building permits, the use of streets, or the replacing of streets, sidewalks, or parkways or any other ordinance relating to the work performed by such contractor.
The Building Inspector shall also revoke any license upon the contractor's failure to keep insurance coverage in force.
Such revocation may be in addition to any fine imposed for violating this chapter.
Any person, firm or corporation violating any provision of this chapter shall be guilty of a violation and subject to a fine not exceeding $250 or imprisonment of up to 15 days in jail, or both. Offenses shall continue to accrue daily until such time as the contractor is no longer in violation.
Formation and composition.
There is hereby established in and for the City of North Tonawanda a Contractor Registration Review Board (hereinafter referred to as the "Board").
The Board shall be appointed by the Code Enforcement Officer annually, for a term of one year.
The Board shall consist of five members.
Each year, the Board shall designate one member to serve as Chairman thereof.
A majority of the members shall constitute a quorum.
At least one member of the Board shall be a home improvement contractor who resides and has his place of business in the City of North Tonawanda.
At least three members of the Board shall be experienced in the field of home improvements.
All members of the Board shall be residents of the City of North Tonawanda and shall serve without compensation.
Function. It is the function of this Board to hear and determine any complaints or grievances that may be the basis for suspension, revocation or denial of a contractor's license upon a finding that the applicant has been guilty of any one of the following:
Fraud, misrepresentation, bribery in securing a contractor's license;
The making of any false statement as to a material matter in any application for a contractor's license;
The contractor or any of its employees has engaged in fraudulent business practices;
Failure to display the contractor's license as provided in this chapter;
Failure to comply with any lawful demand or requirement made by the Building Inspector or code enforcer;
Violation of any provision of this chapter;
Willful or deliberate disregard and violation of the building, sanitary, fire and health laws of the City, county or state;
Failure to notify the Building Inspector of any change of control in ownership, management or in the business name or location;
Conducting a home improvement business in any name other than the one in which the home improvement contractor is registered;
Failure to obtain any required building permit;
Poor or faulty workmanship of any home improvement contractor;
Conviction of a state or federal crime; or
Complaints by a resident of the City of North Tonawanda who has entered into a home improvement contract with a licensed contractor.
If the Board, upon reasonable cause, should believe that any contractor has violated any of the provisions of this chapter, such Board shall have the power to make such investigation as it shall deem necessary or advisable.
There shall be no suspension or revocation of a contractor's license until a hearing is held by the Board.
The Board shall notify the license holder of said hearing. The notice shall be in writing, specifying the time, date and place of said hearing as well as its purpose.
The license holder and any other interested party shall be given a reasonable opportunity to be heard.
The determination or recommendation of the Board shall be in writing and shall specify the grounds upon which it is based.
The Board shall have the power to revoke or suspend a contractor's license if it determines the license holder has been guilty of any act or circumstances set forth in this chapter.
After such suspension or revocation, the Board shall direct the Building Inspector to notify the license holder that his contractor's license is suspended or revoked.
Once a license is suspended or revoked, the contractor shall immediately surrender his license to the Building Inspector.
In lieu of a suspension or recommendation to the Building Inspector, the Board may accept a written assurance of a compromise between the parties.
This chapter shall become effective immediately upon publication.