[1997 Code § 164-1]
The protection of the public against the possibility of misrepresentation
and fraud by prescribing certain reasonable regulations of persons
engaging in the home repair and home contracting business within the
City is hereby declared to be necessary in the interest of the general
welfare of the public.
[1997 Code § 164-2]
It shall be unlawful for any person, partnership, corporation
or other business entity to engage in the business or act in the capacity
of a contractor within the City of Absecon City without first having
obtained a license therefor as provided herein.
[1997 Code § 164-3]
A.
Scope and meaning of certain words and terms. Unless the context
clearly indicates the contrary, words used in the present tense include
the future, the singular includes the plural, and the plural includes
the singular. The word "shall" is mandatory, and the word "may" is
permissive.
B.
BUILDING
CONTRACTOR
PERSON
Definition of terms. As used in this chapter, the following terms
shall have the meanings indicated:
Any roofed structure building for the support, shelter or
enclosure of persons, animals, chattel or property of any kind.
Any person who in any capacity other than as the employee
of another with wages as the sole compensation undertakes or offers
to undertake or purports to have the capacity to undertake or accepts
an order or contract, whether on a fixed sum, cost plus or percentage
or fixed fee, or any combination thereof, or submits a bid to construct,
alter, repair, add to, subtract from, demolish, re-roof or re-side
any building, swimming pool, sign or billboard or property improvement,
or in any way improve any part thereof, including the erection of
scaffolding or other structures or works in connection therewith.
Any individual, firm, association, partnership or corporation.
[1997 Code § 164-4]
A.
The owner or occupant of a building or structure who performs any of the activities set forth in Section 164-2 above on such building or structure shall not be required to be registered in accordance with the provisions of this chapter, provided that such owner or occupant performs and supervises his own work.
B.
This chapter shall not apply to any person offering any service provided
for herein who shall be otherwise licensed by the State of New Jersey
pursuant to the terms of laws and regulations promulgated pursuant
to State Statute by State agencies having control over such services.
[1997 Code § 164-5; Ord. No. 30-97]
A.
Application for registration and license as required by Section 164-2 above shall be made to the Construction Official under oath on a form furnished by him.
B.
The application shall set forth the following information:
(1)
The applicant's name, business name, business address (post
office box is not sufficient) and telephone number.
(2)
Whether the applicant is an individual, partnership, corporation
or any other entity and, if other entity, a full explanation and description
thereof.
(3)
If the applicant is an individual, the applicant's residence
address, date and place of birth.
(4)
If the applicant is a partnership, the full names, residence addresses,
dates and places of birth of each member.
(5)
If the applicant is a corporation or other entity, in the case of
a corporation, the full names, residence addresses, dates and places
of birth of each major officer and each stockholder, the name and
address of the registered agent and the name and 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% of the stock issued and outstanding of the applicant corporation);
in the case of another entity, the full names, residence addresses,
dates and 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 ever been arrested or convicted of a crime and, if so, the name
of the person arrested or convicted, the date of arrest, the crime
or charge involved and the disposition thereof (the term "officers,"
as used herein, means and includes the President, Vice President,
Secretary, Assistant Secretary, Treasurer and Assistant Treasurer
of the corporate applicant).
(7)
The number of years the applicant has been in business at its present
business address or any prior location, including the addresses of
such prior location, and all corporate names under which the applicant
has operated and all corporate officers and major interest holders.
(8)
The name and address of the insurance company providing the applicant
with public liability insurance, policy number, expiration date and
the amount of coverage. The minimum amount of public liability insurance
required shall be $1,000,000.
(9)
The name and address of the applicant's workers' compensation
insurance carrier, policy number and expiration date of said policy.
(10)
The identity of any other municipality in which the applicant
is licensed.
(11)
The identity of any municipality which requires licensing in
which the applicant's license now has been revoked for any reason.
If there has been a revocation of said license, indicate the municipality
and the reason for revocation.
[1997 Code § 164-6]
A.
Upon filing such application, the applicant shall pay to the Construction Official a fee of $25 for such registration and license or for registration after revocation of a registration previously issued to such applicant and in accordance with the provisions of Section 164-9 below.
B.
The term of such registration shall be for a term of one calendar
year.
C.
The registration fee as shown in paragraph A. of this section shall
not be prorated for a term of less than one year.
D.
All registered contractors shall notify the licensing officer of
any change in the names, addresses, places of business and telephone
numbers listed on the application.
E.
A file of all registered contractors shall be kept in the office
of the Construction Official, which shall include the contractors'
respective names, addresses and telephone numbers.
F.
The contractor shall notify the Construction Official of any change
in the name and address of the insurance carrier and change in the
policy limits for the public liability and workers' compensation
coverages and shall confirm the renewal, each year, of these coverages
by submitting a certificate of insurance for each policy to the Construction
Official to be kept on file.
[1997 Code § 164-7]
A.
If any person, firm or corporation registered under the provisions
of this chapter shall fail in the execution of this chapter to comply
with any work for which a permit is required, including this chapter,
other applicable ordinances and regulations of the City of Absecon
City relevant to the construction, erection, alteration, repair, restoration,
re-siding, re-roofing, moving or demolition of any building, structure,
swimming pool, sign or billboard or part thereof or any property improvement,
the Construction Official shall cause a notice of violation to be
served upon such person or the principal member or officer of any
such firm or corporation in accordance with the established procedures
as set forth in the Uniform Construction Code of the State of New
Jersey. Upon conviction for such violation or upon failure to correct
such violation within a period of time stated in the notice of violation,
the registration and license of such person, firm or corporation shall
be revoked by the Construction Official, who shall strike the name
of such person, firm or corporation from the registration list and
shall not reenter or reinstate such registration or license during
such time as said violation exists or remains.
B.
Any person or persons, whether agents, servants and/or employees,
who shall violate any of the provisions of this chapter and any person,
firm or corporation violating or assisting in violation thereof shall,
upon conviction thereof in the Municipal Court of the City of Absecon
City, be considered to be guilty of violating this chapter and shall
be subject to a fine not to exceed $1,000 and/or imprisonment not
to exceed 90 days in jail. Each day that such person or persons, whether
agents or employees, shall fail to comply with the provisions of this
chapter shall constitute a separate or additional offense against
the provision hereof.
C.
Upon the anniversary of the issuance of a registration or license
to a contractor, under the terms of this chapter, said registration
and license shall undergo review by the Construction Official, and,
if the contractor has been the recipient of an excessive number of
notices of violation and/or stop notices, said permit shall be revoked
for a period of six months.
[1997 Code § 164-8]
If a contracting business covered under this chapter is physically
located within the City of Absecon City, all property taxes shall
be paid in full prior to the issuance or renewal of any license required
by this chapter. Any license issued under this chapter shall be revoked
for the failure to keep current all real estate taxes on the property.
[1997 Code § 164-9]
There shall be affixed to every vehicle used by a contractor
a label, badge, decal or other similar item which shall be supplied
by the City of Absecon City upon payment of the registration fee.
The badge, label, decal, etc. shall be affixed to the window of any
vehicle performing services and may not be transferred between or
among vehicles.
[1997 Code § 164-10]
Appeals from any decision made by the Construction Official
and the revocation or execution of other duties pursuant to the provision
of this chapter shall be made to the Municipal Council for the City
of Absecon City. Any appeals from convictions in the Municipal Court
of the City of Absecon City shall be made as provided for by the laws
of the State of New Jersey and the rules governing the courts of the
State of New Jersey.
[1997 Code § 164-11]
Any person, firm or corporation whose registration has been revoked under the provision of Section 164-7 of this chapter may register and have his or her name reentered upon the registration list upon the filing with the Municipal Council, or its designated representative, of a certification by the Construction Official to the effect that all violations with reference to which conviction was secured have been corrected or are nonexistent and upon payment of the fee described in Section 164-6.
