[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne 6-8-1989 by Ord. No. 1989-8 (Ch. 48 of the 1976 Code). Amendments noted where applicable.]
This chapter shall apply to all persons, partnerships, corporations or other entities who shall undertake any services in the Borough of Woodlynne for a fee, the purpose of which is to add or remove rooms, dormers or other structures or improve, modernize or modify existing rooms or structures or install, resurface or improve driveways or sidewalks or any improvements for which a building permit is required, provided that such work shall be accomplished upon any structure in the Borough of Woodlynne where persons reside or will reside upon completion of the work, and further provided that the persons or firm offering the service shall not be otherwise licensed by the State of New Jersey pursuant to the terms of law and regulations promulgated pursuant to statute by state agencies having control over such services.
Any person or firm to whom this chapter applies, as set forth in § 251-1 above, shall, prior to commencing any work or service in the Borough of Woodlynne, make application to the Construction Code Official for a local contractor's license. The failure to obtain such license prior to commencement of work or services shall constitute a violation of this chapter.
All applications shall be submitted in writing upon the form provided by the Construction Code Official and shall contain the information requested in a form of application attached hereto as Appendix 1.[1]
[1]
Editor's Note: This Appendix is on file in the office of the Borough Clerk.
All licenses issued pursuant to this chapter shall expire one year after the date of issue; provided, however, that such licenses may be renewed annually upon payment of a fee hereinafter set forth.
The initial fee for a local contractor's license shall be $25, and thereafter renewals of such license shall be given upon payment of a fee of $5 per year.
The following shall constitute the sole grounds for which the Construction Code Official may revoke a license or deny the issuance of an initial license or the renewal thereof:
A. 
Failure to carry workers' compensation insurance.
B. 
Failure to comply with construction standards required by state laws or regulations or local ordinances or codes after having been given a notice to cure such noncompliance, and after the contractor has failed to effect compliance without just cause.
C. 
Failure to comply with the lawful instructions of the Construction Code Official regarding site safety; or altering plans submitted for the obtaining of the building permit without first receiving the approval of the Construction Code Official; or failure to obtain a building permit where required; or one owner/resident complaint against the contractor for unworkmanlike or unsafe services, which complaint has been personally verified by the Construction Code Official or his deputy.
D. 
The licensee or applicant has had any local contractor's license revoked by any municipality in the State of New Jersey for any cause other than failure to pay licensing fees.
In the event that the Construction Code Official has revoked or denied a license to an applicant or has refused to renew such license upon submission of the required fee, the aggrieved contractor may appeal such denial, in writing, to the Mayor and Council. Upon such appeal, the following steps shall be taken:
A. 
Upon receipt of the written appeal, the Borough Clerk shall set a date for the Mayor and Council to hear such appeal. This date may be adjourned for a reasonable time at the request of the Mayor and Council or the contractor.
B. 
At the time, date and place set for the hearing, the Mayor and Council shall conduct an inquiry into the reasons for the denial by the Construction Code Official and shall hear the contractor as to why such denial was unreasonable or improper. At the hearing, the contractor shall be entitled to call witnesses and to be represented by counsel.
C. 
At the conclusion of the hearing, the contractor and the Construction Code Official shall be dismissed from the hearing room and the Mayor and Council shall immediately determine whether or not the denial of the license was proper under the circumstances, and if determined to be improper, the Council shall direct the Construction Code Official to issue the license. If the Council determines that the license denial was proper, it shall, in its discretion, take one of the following actions:
(1) 
Uphold the denial without further action.
(2) 
If circumstances warrant, issue the license conditioned upon the contractor's adherence to steps imposed by the Mayor and Council which are designated to reasonably insure compliance by the contractor with this chapter.
(3) 
If circumstances warrant, direct the issuance of the license at such time as any deficiencies, which were the grounds for the denial, have been cured by the contractor. The Council shall set forth the deficiencies in its ruling.
D. 
Within 10 business days of the hearing date, the Council shall notify the Construction Code Official and the contractor, in writing, of its determination and any conditions which have been placed upon the issuance of the license by the Mayor and Council.
A. 
In addition to the enforcement of this chapter, the Construction Code Official shall ensure the following:
(1) 
That the information contained in the application for the local contractor's license is current.
(2) 
That the applications for local contractor's license are public documents and made available for inspection and copying by any interested person.
B. 
He shall notify the owner of the property on which work is to be done by the contractor if the contractor does not carry public liability insurance.
Any person or firm that fails to obtain a local contractor's license when required to do so by this chapter shall, if any work is commenced on any project covered by this chapter, be subject to a penalty of up to a fine of $500 or imprisonment for not more than six months, or both.