[Adopted 2-9-2015 by L.L. No. 1-2015[1]]
[1]
Editor's Note: This local law also superseded former Art. II, Contractors, Plumbers and Electricians, adopted 2-9-1998 by L.L. No. 1-1998, as amended.
A. 
In addition to the requirements of all other applicable laws of the Village and other authorities having jurisdiction, a Village license issued by the Village Clerk is required to engage in any activity for which a license is required from the Nassau County Department of Consumer Affairs, pursuant to Title D-1 of Chapter XXI of the Nassau County Administrative Code, as amended (hereinafter "the County license"). No Village license shall be issued unless and until the applicant submits due proof to the Village Clerk that the applicant has a county license that is currently in effect. Any Village license shall be deemed automatically invalid if and when the licensee's county license shall be revoked. If the county license is suspended, the Village license shall be invalid during the term of the suspension. It shall be the responsibility of the Village licensee to notify the Village Clerk immediately if and when such County license revocation or suspension occurs.
B. 
The application for a Village license shall be on a form to be prepared and provided by the Village Clerk.
C. 
Subject to the above, or otherwise subject to suspension or revocation as provided below, the term of the Village license shall be two years from the date of issuance, and the application and license fees shall be as fixed from time to time by resolution of the Board of Trustees.
A. 
Prohibition. No person, firm or other legal entity shall engage in any activity covered in § 130-10A hereof (i.e., for which a license is required from the Nassau County Department of Consumer Affairs, pursuant to Title D-1 of Chapter XXI of the Nassau County Administrative Code) unless such person has obtained a Village license as referenced in that subsection, and same is in force and effect and has not been suspended or revoked, except that a person who is a full-time employee of a firm or legal entity which possesses a valid Village license may engage in such activities if he or she possesses a letter or other acceptable identification from such firm or legal entity, authorizing such work to be done by that person on its behalf at the location in question, and he or she produces such letter or other acceptable identification on the demand of a Village official.
B. 
Hours of operation. No person acting under a valid Village license shall operate any power or manual equipment or perform any construction earlier than 8:00 a.m. on Mondays through Fridays, or earlier than 9:00 a.m. on Saturdays, or later than 6:00 p.m. on any day. No person acting under a valid Village license shall operate any power or manual equipment or perform any construction at any time on Sundays or legal holidays.
C. 
Days of operation. No person acting under a valid Village license shall operate any power or manual equipment or perform any construction on weekends from Memorial Day weekend through the second weekend in September. No person acting under a valid Village license shall operate any power or manual equipment or perform any construction on Memorial Day, Independence Day, Labor Day, and all legal holidays throughout the year.
D. 
Penalties for offenses. Any person who shall commit a violation of § 130-11A, B or C hereof, and any Village licensee who shall not immediately notify the Village Clerk that the licensee's county license has expired, or has been suspended or revoked, shall be guilty of a violation punishable by a fine not exceeding $1,500 or by imprisonment for not exceeding 15 days, or by both such fine and imprisonment. Each day that the continuation of any activity for which a Village license is required but has not been issued, or it is or has become invalid for any reason, shall constitute a separate violation, and the person or persons committing, allowing or authorizing the continuation of the activity may be punished as provided above for each separate violation.
A. 
Irrespective of whether the licensee's county license has been revoked or suspended, and independently of any Village Court prosecution, a Village license may be revoked or suspended by resolution of the Board of Trustees after provision of due notice to the licensee and conduct of an adjudicatory hearing. If the Superintendent of Buildings certifies to the Village Clerk that a Village license should be suspended during the pendency of such notice and hearing, in that the licensee's work is causing immediate danger to the public or any Village resident(s), then the Village Clerk shall immediately notify the licensee that his or her license is so suspended, by personal delivery if possible, by written notice to the licensee's last known address, sent by certified mail, return receipt requested, and sent by first-class mail.
B. 
A Village license may be revoked or suspended if it is shown to the Board of Trustees by a preponderance of evidence compiled by or on behalf of the Superintendent of Buildings that the licensee has engaged in work for which a Village license is required, but 1) the license was not valid at the time the work or any part thereof was performed, and/or 2) the licensee has performed work in a manner which is unlawful under applicable fire or other safety codes, and/or 3) the licensee has performed work which is otherwise shown by reason of demonstrably subpar workmanship to be a menace to the health, safety or welfare of the public or of any individual resident of the Village, and/or 4) the licensee is convicted of a crime involving moral turpitude.
C. 
No such revocation or suspension by the Board of Trustees may take place unless and until due notice and hearing on charges has been pursued and completed. The hearing shall take place before the Board of Trustees and shall be conducted by the Mayor with the assistance of the Village Attorney.
D. 
The hearing shall take place during the evening at Village Hall, on written notice to the licensee stating the time and place of the hearing, and also setting forth a brief statement of the location(s) where and manner(s) in which such unlicensed, unlawful or subpar work was performed, giving rise to the hearing. The notice shall be sent to the licensee by personal delivery if possible upon due diligence, by written notice to the licensee's last known address, sent by certified mail, return receipt requested, and by first-class mail. The hearing shall be held not less than 10 nor more than 30 days after mailing of the notice.
E. 
A court reporter shall be present to transcribe the hearing testimony, and the Village Clerk shall keep and preserve the record. The Superintendent of Buildings shall state the case and present the evidence and/or witnesses in support of the charges. The licensee may appear at the hearing, with or without counsel, and may present such exculpatory evidence as he or she sees fit. The Mayor shall conduct the hearing with the assistance of the Village Attorney. There will be no requirement to conform to any formal rules of evidence, but the Mayor and Village Attorney shall take care to assure that the licensee's right of due process is substantially accommodated.
F. 
After the completion of the hearing, the Board of Trustees may resolve to sustain one or more of the charges and either revoke the Village license or suspend it for a period of up to one year. If the license is revoked, the licensee shall be prohibited from applying for a new Village license for a period of two years from the date of revocation. If the license is revoked or suspended, the licensee shall have 10 days from the date of revocation to request in writing to the Village Clerk that detailed findings of fact be compiled and adopted, setting forth the reasons that the charges were sustained. Upon such request, the Board of Trustees shall adopt the detailed findings within 30 days and provide a copy to the licensee. Any decision of the Board of Trustees is reviewable in an Article 78 proceeding brought by anyone specially aggrieved by the Board's decision. The time to commence the proceeding shall start on the date that the Board makes its decision, except that if there is a request for detailed findings, the time shall commence on the date that the detailed findings are adopted.
G. 
Nonrenewal of expired license. If a licensee submits an application for renewal of an expiring or expired Village license, the application may be denied by the Superintendent of Buildings if the Superintendent shall determine that work performed by or through the supervision of the licensee under the most recently issued Village license during the time it was in effect has been performed in a manner which violates applicable fire or other safety codes, or constitutes subpar workmanship which endangers or endangered the health, safety or welfare of any person. In the event of denial, the Village shall not accept any further application for renewal from that licensee until one year has elapsed from the date of expiration. Upon written notice of denial, the applicant shall have 10 days from the date of the notice to request, in writing, a statement from the Superintendent, setting forth the reason(s) for denial. Upon filing of the request with the Village office, the Superintendent shall have 10 days to provide the applicant with a written statement of the reason(s) for denial, sent by personal delivery or by certified U.S. mail, return receipt requested, to the applicant's last known address. The applicant shall thereafter have 30 days from the date of the notice to request a review hearing, or else the right to such a hearing is forfeited. The hearing shall take place before the Board of Trustees and shall be conducted by the Mayor with the assistance of the Village Attorney. It shall substantially comply with the procedures and standards applicable to revocation and suspension hearings set forth at Subsections D and E of this section. After the hearing, the Board of Trustees shall either sustain or reverse the Superintendent's denial of the application, or take any other action it deems warranted. The decision of the Board of Trustees is reviewable in an Article 78 proceeding brought by any person specially aggrieved by the Board's decision, and the time to commence the proceeding shall start on the date that the Board makes its decision.
This newly enacted Article II shall take effect immediately in accordance with law and be binding on all existing licenses issued under the prior Article II. Any Village license issued under the prior Article II shall expire on the date of expiration established under the prior existing Article II.
The provisions of this article are severable, and if any sentence, section, or other parts of this article should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.