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City of Nanticoke, PA
Luzerne County
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Table of Contents
Table of Contents
[Adopted 3-6-1972 by Ord. No. 9-1972 (Ch. 13, Part 4, of the 2004 Code of Ordinances)]
It is hereby ordained by the authority of the same that this article shall be known and may be cited as the "Contractors and Building Movers License Ordinance."
Every person engaged in the business of constructing, altering, repairing of buildings not a regular employee of a licensed contractor, except those persons who are constructing, altering or repairing a building exclusively owned, used and occupied as a residence by themselves, shall, before engaging in such occupation, obtain a license therefor from the Building Inspector. An employee of a licensed contractor must be on the payroll of the licensed contractor for purpose of federal, state and City withholding tax and social security withholding.
Every person engaged in the business of moving houses or buildings shall, before engaging in such occupation, obtain a license therefor from the Building Inspector.
Any person desiring to secure a contractor's or building mover's license shall submit to the Building Inspector an application, in writing, setting forth the qualifications required in this article. Such application shall be accompanied by letters from two licensed contractors or building movers, certifying to the experience and qualifications set forth by the applicant in his application. The application shall also be accompanied by a bond in the sum of $1,000, with good and sufficient sureties to be approved by the City Solicitor, conditioned among other things that such contractor or building mover will indemnify and save harmless the City's officials, servants and employees of and from any damage caused by any negligence in protecting his work or by any unfaithful, imperfect or inadequate work done by virtue of his license, and that he also will replace and restore the street pavement or sidewalk over any opening he may have made to as good a state and condition as it was found and keep and maintain the same in good order for a period of six months thereafter. Such application shall also be accompanied by the first-year license fee.
[Amended by Ord. No. 15-1987; 12-1-2004 by Ord. No. 16-2004]
Fees, in amounts as established from time to time by City Council, shall be charged for licensing and examination of building contractors and movers.
A licensed contractor or a licensed building mover shall be familiar with ordinary building construction and shall have had at least five years' actual experience in construction work, either as superintendent, foreman or skilled mechanic, or at least three years' experience as an office assistant in an architect's or contractor's office. A licensed building mover shall be a person familiar with and accustomed to using the various forms of tackles and appliances ordinarily used in raising and moving buildings.
Any licensed contractor or building mover who shall construct, alter or repair or who shall move or raise or cause to be moved or raised any building or structure within the City without first having secured a permit therefor shall, upon proof thereof and in addition to other penalties prescribed in this article, be deprived of his license by the Building Inspector. Such license shall not be reissued to such person for a period of six months.
[Amended 12-1-2004 by Ord. No. 16-2004]
A. 
Any person who shall violate any provision of this article, or who fails to comply therewith or with any of the requirements thereof, or who shall erect, construct, alter or repair, or who has erected, constructed, altered or repaired a building structure in violation of a detailed statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs or to a term of imprisonment not to exceed 90 days, or both. Each day that a violation of this article continues shall constitute a separate offense.
B. 
The owner of a building or structure or premises where anything in violation of this article shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation, shall each be guilty of a separate offense.
C. 
The imposition of penalties for the violation of this article shall not preclude the City Solicitor from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises.