[HISTORY: Adopted by the Borough Council of the Borough of
Lansford 7-15-2003 by Ord. No.
2003-04. Amendments noted where applicable.]
For the purposes of this chapter, the following definitions
shall apply:
Any person, partnership, association, firm or corporation,
who provides labor and/or materials necessary to construct, repair,
replace or improve any real estate or structure. "Contractor" shall
include but not be limited to a general contractor, electrical contractor,
plumbing contractor, masonry contractor, carpentry contractor, landscaping
contractor, or demolition contractor. This definition shall not include
any person or entity exempted from licensing requirements pursuant
to the Home Improvement Consumer Protection Act of the Commonwealth
of Pennsylvania, Act 132 of 2008, 73 P.S. § 517.1 et seq.,
as determined by the Building Code Official.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any natural person, partnership, association, corporation,
or other legal entity.
No person shall perform or operate as a contractor within the
Borough of Lansford without first having obtained from the Building
or Code Enforcement Officer, or other designated person, a permit,
for which a fee, which shall be for the use of the Borough of Lansford,
shall be charged. Said fee to be in such amount established from time
to time by resolution of the Lansford Borough Council. Permit must
be displayed at all times at work.
The permit shall be valid for a period of one calendar year
expiring December 31st of each year.
A property owner is not to be construed as a contractor within
the meaning of this chapter.
Before any permit is issued by the Borough of Lansford to any
contractor, the contractor shall provide to the Borough of Lansford
the following information:
If a contractor or person signs an affidavit stating that he
has no employees and is not required to carry workers' compensation
insurance, the Borough of Lansford may issue the permit stating the
contractor's federal or state employer identification number, and
a notation that the contractor has no other employees and does not
carry workers' compensation insurance, and that the contractor is
not permitted to employ any individuals to perform work under the
permit.
Before any permit is issued by the Borough of Lansford to any
contractor, the contractor shall provide to the Borough of Lansford
the following information:
A.
The original certificate(s) of insurance verifying liability insurance
covering the contractor in an amount no less than $100,000.
As proof of insurance, the Borough of Lansford shall require
the contractor to supply, either directly or through the contractor's
insurer or agent, a workers' compensation certificate, which includes
the effective date of the coverage and the signature of the insured.
This certificate must be kept on file with the permit.
A.
Any person or contractor who violates any provision of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Carbon County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
After notice of said violation is given by the Borough of Lansford,
each day upon which this chapter or any part thereof continues to
be violated, shall be deemed a new violation and each day the same
is continued shall be deemed a separate offense and punishable as
such.
If any section or provision of this chapter is declared by any
court of competent jurisdiction to be unconstitutional, illegal or
invalid, such unconstitutionality, illegality or invalidity shall
not affect the unconstitutionality, legality or validity of this chapter
as a whole, nor the constitutionality, legality or validity of any
other section of provision of this chapter other than the one so declared
to be unconstitutional, illegal or invalid.
All portions of ordinances and amendments inconsistent herewith
are hereby repealed.
The provisions of this chapter shall become effective August
1, 2003.
