[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 5-6-1976. Amendments noted where applicable.]
As used in this ordinance, the following terms shall have the
meanings indicated:
Any person, firm, partnership, corporation or other entity
who or which contracts for the construction of buildings or parts
thereof and supervises the workmen who build them. This term is also
intended to refer to and include building contractors and/or developer-sellers
of residential dwellings, including but not limited to the following:
general building contractors, brick and block masons and concrete
and cement contractors, roofing contractors, tile-setting contractors,
iron- and steel-working contractors, house-moving contractors, pile-drawing
contractors, painting contractors, plastering contractors, metal storm
door and window contractors, plate glass and glazing contractors,
awning contractors, driveway bituminous concrete paving and sealing
contractors, carpentry contractors, floor finishing and wall- and
floor-covering contractors and excavating, filling or land-cleaning
contractors. This definition shall not include an individual person
who builds one single-family residence or any part thereof upon his
own real estate for his own use or that of his family.
Any grant, license or permission required by the Building
Code, Land Subdivision Ordinance or Swimming Pool Ordinance[1], and including but not limited to building permits or
certifications of occupancy.
Either cash, certified check or bank letter of credit.
It shall be unlawful for any builder or contractor to perform
any work or activities for which a permit is required involving construction
of buildings or structures unless and until the aforesaid builder
shall be duly registered in accordance with the provisions of the
ordinance.
Annually, all builders or contractors shall register with the Building Inspector prior to commencing any of the action contemplated in § 28-2 above. The Building Inspector shall issue a permit to all applicants upon completion of the form and payment of the fee of $25. The application form shall contain the name and street address of the applicant. If the applicant is a partnership, the names and street addresses of all partners shall be supplied. If the applicant is a corporation, the names and street addresses of all the directors, officers and persons holding 10% of any issue of any outstanding class of stock shall be supplied. The application shall also contain information relative to the type of work sought to be performed within the city, a detailed statement of the prior experience of the applicant in the field and a statement as to whether or not the applicant or any of the parties required to be listed by this section has ever had its builder's registration revoked or denied and the reasons therefor, if any.
The Building Inspector shall revoke any registration where he
finds any of the following:
If the Building Inspector shall revoke the registration of any
builder or contractor, the builder or contractor may appeal the decision
of revocation to the Mayor and Common Council within 15 days of the
date of receipt of notice of the action of the Building Inspector.
Upon receipt of the notice of said appeal, the Mayor and Common Council
shall fix the time and place for a public hearing thereon, not less
than two weeks nor more than 31 days from the date of receipt of the
notice of appeal. At the hearing, the builder or contractor shall
have the right to appear and be heard and be represented by an attorney,
to present witnesses on his behalf and to have a permanent record
made of the proceedings, at his own expense. The Mayor and Common
Council, by its second regular meeting after the conclusion of said
hearing, shall affirm or reverse the decision of the Building Inspector.
Any person whose registration has been revoked under the provisions
of this ordinance may register and be permitted to operate as a builder
or contractor within the City of Gloucester City when the grounds
upon which the revocation was based are removed or corrected. Said
determination shall be made by the Building Inspector and is applicable
in the same manner as set forth previously in this section.
Whenever a builder or contractor whose registration has been
revoked shall reapply for registration, the following is applicable:
A.
The application, in addition to those requirements set forth above,
shall also contain a statement of the reason why the revocation was
revoked and a detailed statement as to the removal or correction of
the factual basis for the revocation.
B.
The security provision hereinafter detailed shall apply to any projects
built by the reapplying builder or contractor for a period of three
years from the date of reissuance of a registration.
Prior to the issuance of a certificate of occupancy or building
permit, as contemplated by this ordinance, the builders or contractors
to whom this section applies shall post with the Building Inspector
security in the form of cash, certified check or a bank letter of
credit in an amount of 5% of the value of the improvements for which
the certificate is to be issued, based upon the value established
for the issuance of the permit or permits issued in connection therewith,
but no such security shall be required if the total value of the work
performed does not exceed $2,500. The purpose of the security shall
be to ensure that all the work performed upon the premises for which
the certificate is issued shall have been performed in a good and
workmanlike manner, including but not limited to the construction
and completion of the improvements in accordance with the Building
Code[1] and other applicable ordinances of the City of Gloucester
City and all other applicable statutes and regulations in connection
therewith. If the work is completed satisfactorily, said security
shall be returned to the builder or contractor.
[1]
Editor's Note: See Ch. 27, Building Code.
If any builder or contractor shall violate the requirements
herein, they or it shall, upon conviction, be subject to a fine of
not more than $500 or imprisonment for a period not exceeding 90 days,
or both. Each and every day that such violation continues after notice
of the violation shall be considered a separate and specific offense
under this ordinance and shall not be deemed a single continuing offense.
If any Article, section, subsection, sentence, clause or phrase
of this ordinance is for any reason held to be unconstitutional or
invalid, such shall not affect the remaining portions of this ordinance
and they shall remain in full force and effect.
This ordinance shall take effect immediately upon due passage
and publication according to law.
