[Res. No. 146-92, 11-24-1992; Res. No. 29-97, 4-22-1997;
Res. No. 27-02, 3-26-2002; Res. No. 118-06, 10-24-2006]
All contractors and subcontractors providing home construction
and improvement services for hire in the City, prior to providing
such services, shall be required to obtain from the City a license
to perform such services. It shall be unlawful to provide home construction
and improvement services for hire in the City without obtaining such
license. Application for the license shall be obtained from the Fire
Chief or his designee. Applications shall contain the following information:
(1)
Name of applicant;
(2)
Company name, if different;
(3)
Address of applicant;
(4)
Address of company, if different;
(9)
Federal identification number/social security number;
(10)
New York State sales tax number, if any;
(12)
The license fee shall be established by the Common Council from
time to time by resolution. Renewal license applications shall be
subject to renewal upon payment of the fee which is established from
time to time by the Common Council by resolution. Licenses shall be
valid for one year and shall expire on the last day of the month of
which it was obtained.
(13)
A certificate of insurance reflecting an in force and effect
liability policy at the time of application and the duration of said
license, for the provision of home construction and improvement services
in the minimum amount of $100,000, and the declaration page of said
policy of insurance under the title "description of operations" shall
state with reasonable particularity the underlined activities to be
covered by said policy and shall name the City of Olean as a certificate
holder.
(14)
Prior to the issuance of the initial license and renewal license
by the Fire Chief or his designee, the applicant shall obtain from
the Chief of the Fire Department a certification that the applicant
has been informed of such laws, rules and regulations as may be applicable
to the business of providing home improvement services in the City;
said certification form shall be signed and dated by the applicant.
(15)
Prior to the issuance of the initial license the applicant shall complete that section of the application form indicating any prior convictions and obtain the countersignature of the Chief of the City of Olean Police Department or his designee certifying the status of the applicant's local criminal record. The applicant shall also provide the Chief of the City of Olean Fire Department or his designee with a copy of applicant's criminal record, which applicant shall obtain and pay any applicable fees through an approved criminal record search procedure. Any contractor licensed prior to the adoption of this ordinance shall obtain a copy of the criminal record through the aforementioned procedure at next renewal. All licensed contractors shall repeat same every five years thereafter. A conviction of a misdemeanor or felony may be grounds for denial of a license if, in the judgment of the Fire Chief, it involves a crime of fraud, larceny, moral turpitude and the like. An outstanding monetary judgement pertaining to the work of construction may be grounds for denial, suspension or the revocation of a license. Any applicant denied a license for a criminal conviction or for any other reason thereof may follow the procedures contained in § 13-376 for reconsideration on the grounds that such denial is improper, unwarranted or unjust. Renewal applications shall require a follow-up criminal record check by the Chief of Police or his designee as provided by procedures set from time to time by the office of Code Enforcement.
[Res. No. 146-92, 11-24-1992; Res. No. 118-06, 10-24-2006]
(a)
A "home construction and improvement contractor or subcontractor"
shall be any person who shall provide or offer to provide residential
home construction and/or improvement services for hire, or shall employ
one or more employees to provide residential home construction and/or
improvement services for hire to any homeowner as a general contractor
or subcontractor, house painter, carpenter, mason, roofing contractor,
electrician, excavator, landscape contractor, heating contractor,
house mover, window contractor, chimney sweep, siding contractor,
fence installer, driveway/sidewalk repair and/or installation contractor,
and/or tree trimming and/or removal contractor.
(b)
A "person" shall be any person, partnership, corporation, limited
liability company or other business entity.
[Res. No. 146-92, 11-24-1992; Res. No. 28-02, 3-26-2002;
Res. No. 118-06, 10-24-2006]
(b)
All licenses are valid for a period of 12 months from the date of
issuance. All licenses shall expire 12 months from the date of issuance,
and any license not renewed prior to expiration shall be deemed expired.
Any application for renewal received after the date of expiration
will be treated as a new application and subject to the annual license
fee of $50.
[Res. No. 146-92, 11-24-1992; Res. No. 118-06, 10-24-2006]
This division shall not be applicable to:
[Res. No. 146-92, 11-24-1992; Res. No. 51-95, 8-22-1995;
Res. No. 118-06, 10-24-2006]
This article shall be enforced by the Police Department and
the Code Enforcement Office in accordance with policies as may be
approved from time to time by the Mayor. Unless another penalty is
expressly provided, every person convicted of a violation of any provision
of this article shall be punished by a fine not less than $250 and
not more than $500 or by a term of imprisonment not to exceed 15 days,
or by both such fine and imprisonment.
[Res. No. 146-92, 11-24-1992; Res. No. 29-97, 4-22-1997;
Res. No. 118-06, 10-24-2006]
(a)
The Fire Chief shall refuse to issue any license for conviction of
any felony or after issuance of a license refuse to issue a renewal
license for conviction of any felony or suspend for a period not exceeding
60 days or revoke for a period not to exceed one year any license
upon the conviction of licensee, or the agent(s) or employee(s) of
licensee, of a misdemeanor failure to comply with the laws, rules
or regulations of the State of New York, the County of Cattaraugus
or the City of Olean in connection with the business of home improvement
contracting, including, without limitation, consumer protection laws,
environmental protection laws and/or building construction and permitting
laws. In such event the Fire Chief shall provide the applicant/licensee
with a statement mailed to the address shown on the license application
by (1) U.S. mail certified return receipt requested and by (2) regular
mail, each containing the grounds for the proposed action and its
proposed effective date. This action shall be final unless the applicant/licensee
shall, within 15 days, make written request for reconsideration to
the Fire Chief specifying why the action proposed is improper, unwarranted
or unjust. The Fire Chief shall consider the matter, make such investigation
deemed warranted, and render a written decision within 20 days. The
Fire Chief's determination shall be deemed final, unless within
10 days thereafter the applicant shall make a written appeal addressed
to the Common Council of the City requesting that the Common Council
hear and finally decide the matter. Such hearing shall be within 30
days. The Common Council shall hear the Fire Chief, the licensee and
any other interested party and shall render a written decision within
30 days.
(b)
The Fire Chief shall have the power to issue conditional reinstatement
of such or any license revoked or suspended.
(c)
Any revoked license or suspended license may be reinstated upon application
of licensee together with the payment of the reinstatement fee established
by the Common Council.[1]
[1]
Editor's Note: Former § 13-377, Phase-in period,
added 11-24-1992 by Res. No. 146-92, which immediately followed this
section, was repealed 10-24-2006 by Res. No. 118-06.
