[HISTORY: Adopted by the Borough Council of the Borough of
Lodi 11-4-1987 by Ord. No. 87-34. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A single proprietorship, partnership, corporation or other
business entity.
A building or structure containing less than four residential
units.
A.
No person shall engage in the business of constructing, altering,
repairing, restoring, reroofing, re-siding, moving or demolishing
the whole or any part of any residential premises, or engage in the
businesses of construction and installation of swimming pools or erecting
fences, for any of which a permit is required, until such person shall
be licensed by the Borough of Lodi.
B.
The owner or occupant of a building or structure who performs any of the activities set forth in Subsection A above on such building or structure shall not be required to be licensed in accordance with the provisions of this chapter, provided that such owner or occupant performs and supervises his own work.
C.
No person
shall engage in the business of landscaping or perform landscaping
services including but not limited to cultivation, fertilization,
seeding, planting, cutting, trimming, pruning, or maintenance of grass,
shrubs, plants, trees, or other foliage without first obtaining a
license from the Borough of Lodi.
[Added 11-23-2021 by Ord.
No. 2021-27]
This chapter shall be administered by the Building Committee
of the Borough Council of the Borough of Lodi and the Codes Enforcement
Officer. In addition to any other powers granted under this chapter,
the Building Committee may adopt such rules and regulations as are
deemed necessary and expedient for the purposes of administering this
chapter.
For the purposes of this chapter, there shall be the following
classes for licensing:
A.
General contractor or builder. A contractor who is proficient in
the construction of a building or structure from start to finish and
the alteration, addition to or repair of any building or structure.
This class of contractor shall be equipped to handle such work either
by and through his organization or appropriate subcontractors and,
in the latter event, shall be completely responsible for his subcontractors'
work.
B.
Roofing and siding contractor. A contractor who is engaged in the
business of or who is proficient in the applying of roofing and siding
materials to existing or new buildings or structures.
C.
Demolition contractor. A contractor who is engaged in the business
of or who is proficient in the demolishing of any building or structure
in whole or in part.
D.
Moving contractor. A contractor who is engaged in the business of
or who is proficient in the moving of any building or structure.
E.
Swimming pool contractor. A contractor who is engaged in the business
of or who is proficient in the installation of swimming pools, their
equipment and appurtenances.
F.
Miscellaneous contractor. A contractor who is proficient in work
of a special character as determined by the Codes Enforcement Officer
and the Building Committee.
A.
Application for licensing as required by § 204-2 above shall be made to the Codes Enforcement Officer on a form furnished by the Department of Building and Inspections.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name and business address.
(2)
Whether the applicant is an individual, a partnership, a corporation
or any other entity and, if another entity, a full explanation and
description thereof.
(3)
If the applicant is an individual, the applicant's residence address
and date and place of birth.
(4)
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each partner.
(5)
If the applicant is a corporation or other entity:
(a)
In the case of a corporation, the full names, residence addresses,
dates and places of birth of each officer and each stockholder, the
name and address of the registered agent and the 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,
in 10% or more of the stock issued and outstanding of the applicant
corporation.)
(b)
In the case of another entity, the full names, residence addresses,
dates, places of birth of each person owning or having an interest,
either legal or equitable, aggregating in value 10% 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)
Whether the applicant or any partners, officers or stockholders thereof
have been convicted of a crime and, if so, the name of the person
convicted, the date of the conviction, the crime or charge involved
and the disposition thereof (the term "officers," as used herein,
means and includes the president, vice presidents, secretary and treasurer
of a corporate applicant); or whether any of the aforementioned persons
have violated any state, county or municipal ordinances or regulations
on construction or demolition, as defined herein.
(7)
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 locations, if any.
(8)
The applicant's training and experience in the class or classes in
which he desires to be licensed.
C.
Upon receipt of such application, the Department of Building and
Inspections shall review the same with reference to the truth of the
matters contained in the application and for the purpose of obtaining
a copy of any police record which the applicant or any partner, officer
or stockholder thereof may have.
D.
The Codes Enforcement Officer and the Building Committee shall determine
if the character and business responsibility of the applicant or any
partner, officer or stockholder thereof is satisfactory on the basis
of the information supplied and if the training and experience are
sufficient to protect the citizens of the Borough of Lodi from commercially
unreasonable and unsafe work; and if the Codes Enforcement Officer,
with the concurrence of the Building Committee, so determines, he
shall cause a license to be issued to the applicant unless the application
of the report of the Police Department or other evidence presented
to the Codes Enforcement Officer shall tangibly disclose any of the
following:
(1)
A conviction for a crime involving moral turpitude.
(2)
Prior violations of the statutes, ordinances or regulations relevant
to the construction, erection, alteration, repair, restoration, reroofing,
re-siding, moving or demolition of any building, structure, swimming
pool, sign, billboard or part thereof.
(3)
A determination of previous fraudulent acts or conduct.
(4)
A record of continual breaches of contracts.
(5)
Concrete evidence of bad character.
(6)
Failure to demonstrate training or experience in the class in which
the applicant seeks to be licensed.
(7)
Grounds similar to those listed above which reasonably would cause
the Codes Enforcement Officer to determine that the character and
business responsibility of the applicant or any partner, officer or
stockholder thereof is not satisfactory.
A.
Upon filing such application, the applicant shall pay to the Department of Building and Inspections a fee as provided in the current Borough Fee Schedule for such license or for relicensing after revocation of a license previously issued to such applicant in accordance with the provisions of § 204-10 below.[1]
B.
The term of such license shall expire on December 31 of the calendar
year in which such license is issued.
C.
Such license shall be automatically renewed by the Codes Enforcement Officer upon payment by the applicant of an annual renewal fee as provided in the current Borough Fee Schedule. Such renewal shall be before the calendar year in which such renewal occurs. Upon failure to renew any license on or before January 31 of the immediately succeeding calendar year, any subsequent license shall be and constitute a new or original license subject to the filing of a new application in accordance with the provisions of § 204-5 above and to the payment of the fee specified in § 204-6.[2]
The Codes Enforcement Officer, with the concurrence of the Building
Committee, shall have the power, in addition to all other powers provided
for in this chapter, to revoke the license of any contractor licensed
hereunder who shall be guilty of any one or more of the following
acts or omissions:
A.
The Codes Enforcement Officer, the Building Committee, or any contractee
or contractor may prefer charges against any licensee under the terms
of this chapter by the filing of a complaint. Such complaint must
be in writing and sworn to by the person preferring such charges and
submitted to and filed with the Department of Building and Inspections.
Upon filing of the complaint in the manner and form prescribed, it
shall be the duty of the Codes Enforcement Officer, at the earliest
possible date and not later than seven days thereafter, to investigate
the charges and to determine whether there exists probable cause that
a violation has occurred. Results of all such investigations shall
be reported in writing to the Building Committee within three days
after investigation, and the Building Committee shall have the authority
to confirm or overrule the determination of the Codes Enforcement
Officer.
B.
The complaint shall contain a settlement of facts setting forth the
specific charges relating to the violation of this chapter or of the
Borough Building Code or any applicable Borough ordinance or state
laws pertaining to building construction.
C.
If the Codes Enforcement Officer, with concurrence of the Building
Committee, finds probable cause that a violation has been committed,
the Codes Enforcement Officer shall forthwith issue a notice directing
the licensee, within seven calendar days after service of notice,
to appear and answer to the charges, showing cause, if any, why his
license should not be suspended or revoked.
D.
A copy of the charges, together with the notice showing the time
and place of hearing, shall be served on the licensee at least three
days before the date fixed for hearing. The licensee shall be notified
by certified letter, return receipt requested. At the hearing, the
licensee shall have the right to appear personally or by counsel and
cross-examine witnesses against him and to produce witnesses and evidence
in his behalf. All hearings shall be recorded by stenographic or electronic
means. The hearing tribunal shall consist of the Building Committee
and the Codes Enforcement Officer.
E.
Failure of the licensee to appear shall be deemed an admission by
him of a commission of the act or acts cited in the complaint, and
his license thereupon may be suspended forthwith. The hearing tribunal
shall have the power, in the event of such failure to answer, to suspend
or revoke the license or issue any other appropriate order without
further evidence other than the charges filed.
F.
Whenever the hearing tribunal, after hearing, shall determine that
a licensee is in violation, it shall then issue an order against such
licensee suspending or revoking the license or ordering the licensee
to correct such violation, fixing a reasonable time within which such
correction shall be made or accomplished, and upon compliance with
said order, the hearing tribunal may dismiss said complaint.
Any person aggrieved by the action of the hearing tribunal shall
have the right to appeal to the Borough Council of the Borough of
Lodi. Such appeal shall be taken by filing with the Council within
14 days after notice of the action complained of a written statement
setting forth fully the grounds for the appeal. Within 30 days after
notice of the action complained of, the aggrieved person shall provide
10 copies of verbatim transcript of the hearing and 10 copies of all
documents marked in evidence of such hearing. The Council shall set
a time and place for hearings on such appeal, and notice of such hearing
shall be given to the appellant by registered letter to his last known
address at least five days prior to the date set for hearing. The
decision and order of the Council on such appeal shall be final and
conclusive.
Any person whose license has been revoked under the provisions of § 204-7 above may be relicensed by the Codes Enforcement Officer, with concurrence of the Building Committee, if the grounds upon which such license was revoked are removed and corrected, and upon payment of the fee prescribed in § 204-6 above.
A.
No permit shall be issued by the Department of Building and Inspections
for the erection, construction, reconstruction, structural alteration
or removal of any residential premises to any person except a duly
licensed contractor or his duly authorized agent under the provisions
of this chapter.
B.
Permits shall be granted to the actual owner or occupant of residential
premises; provided, however, the owner or occupant shall sign a sworn
statement or certification that said work or construction for which
the permit is sought will be done by himself.
Any person who shall violate the terms or provisions of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$2,000, imprisonment for a period not exceeding 90 days and/or a period
of community service not exceeding 90 days. Each day upon which such
violation shall continue shall constitute a separate offense.
