[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 1-26-1977 by L.L. No. 2-1977 (Ch. 88 of the 1974
Code). Amendments noted where applicable.]
This chapter shall be cited as the "Licensing
of Sign Contractors Law in the Town of Clarkstown."
[Amended 8-20-2013 by L.L. No. 6-2013]
Every person, firm or corporation engaged in
the business of erecting, altering, repairing or restoring signs,
for any of which signs a building permit is required by the applicable
sections of the Code of the Town of Clarkstown, shall be required
annually to register the name of such person, firm or corporation
with the Building Inspector and obtain a license as provided herein.
A.
Application for the registration and obtaining of
a license by contractors shall be submitted to the Building Inspector
on forms supplied by him and, in addition to any other pertinent information
he may reasonably deem necessary, shall include:
(1)
A statement giving the corporate name or firm name
of the contractor.
(2)
In the case of a firm, corporation or partnership,
the name and address of the principal office of said firm or corporation
and the names and addresses of all officers, directors, managerial
employees and stockholders owning, of record or beneficially, 5% or
more of the outstanding stock of any class of said corporation.
(3)
In the case of a partnership, the names and addresses
of all parties, whether general, special or limited.
B.
Additional information.
(1)
This application shall also contain the number of
years such person, firm or corporation has been in the contracting
business at the current location or any prior locations, including
the addresses of any such prior locations, if any.
(2)
The application shall indicate, for both the current and any prior periods of time or locations at which a contracting business has been conducted, all other trade names, if any, by which any such contracting business was conducted or of which any of the persons listed in answer to Subsection A(2) above were a part, for each such prior business.
C.
The application shall be approved and the license
issued, or disapproved, within 15 days after filing.
A.
No person, firm or corporation shall be licensed under this chapter or be licensed after revocation of a license pursuant to § 244-6 of this chapter unless and until there has been a determination by the Building Inspector that the applicant is capable of compliance with the requirements hereof and has demonstrated sufficient capability and proficiency in his or its past business history to justify a reasonable belief that such compliance will occur and unless and until there is paid to the Building Inspector, to the order of the Town of Clarkstown, an annual fee as established from time to time by resolution of the Town Board.
[Amended 9-11-1991 by L.L. No. 6-1991; 8-20-2013 by L.L. No.
6-2013]
B.
Any person, firm or corporation whose license has
been revoked three times shall be presumed not capable or proficient
in his or its trade and shall not be permitted to be licensed under
this chapter.
All work shall be done in accordance with the
applicable codes of the Town of Clarkstown, and the workmanship shall
conform to generally accepted good practice in the trade.
The Building Inspector of the Town of Clarkstown
shall revoke the license of any contractor licensed hereunder who
shall be guilty of any one or more of the following acts or omissions:
A.
Fraud or misrepresentation or concealment of a material
fact in the information given upon initial issuance of a license or
upon licensing after revocation.
B.
Violation of the applicable sections of the Code of
the Town of Clarkstown or of any other ordinance or statute which
governs the activities or nature of work performed by the contractor
in the erection, alteration or maintenance of signs.
C.
Erecting or installing a sign without first obtaining approval from
the Architectural Historic Review Board and a sign permit from the
Building Inspector.
[Added 8-20-2013 by L.L. No. 6-2013; amended 6-28-2016 by L.L. No.
8-2016]
D.
Erecting or installing a sign substantially different than that which
was approved by the Architectural Historic Review Board.
[Added 8-20-2013 by L.L. No. 6-2013; amended 6-28-2016 by L.L. No.
8-2016]
A.
The Building Inspector, on his own initiative and
on forms to be prescribed by him, may file a complaint against any
licensed contractor by the filing of the same with the Building Department.
Such complaint shall be in writing and signed by the person filing
the same. The complaint shall contain a statement of facts setting
forth the specific facts relating to the violation of this chapter
of the Town of Clarkstown Code or any local law, ordinance or statute
pertaining to the erection, alteration or maintenance of signs.
B.
Upon a complaint being filed in the manner and form
herein prescribed, the Building Inspector shall forthwith issue a
notice, in writing, directing the contractor in question to file a
written answer within 10 days after the service of notice, answering
the charges of showing cause, if any, why his license should not be
revoked. A copy of the complaint shall be served with said notice.
C.
Failure of the contractor in question to file a written
answer within said 10 days may be deemed an admission by him of the
commission of the act or violations cited in the complaint, and his
license thereupon may be revoked forthwith by the Building Inspector,
without further evidence.
D.
In the event that the contractor in question shall
file a written answer within the time period prescribed in the notice,
a hearing shall be scheduled, notice of which hearing shall be served
no less than 10 days prior to the date fixed for the hearing. Said
hearing shall be held by and before the Building Inspector of the
Town of Clarkstown, who shall thereafter make all decisions as to
fact and law concerning revocation of the license. At the hearing,
the Building Inspector and licensee shall each have the right to appear
personally or by counsel and cross-examine witnesses and produce witnesses
and evidence in their behalf. Counsel is required if the licensee
is a corporation. A certified court reporter shall be present at the
contractor's expense, and a complete transcript shall be presented
to the Town Board of the Town of Clarkstown at no cost if an appeal
is taken.
Any person or corporation aggrieved by any action
of the Building Inspector taken pursuant to this chapter shall have
the right to appeal to the Town Board of the Town of Clarkstown. Such
appeal shall be taken by filing with the Town Board, within 10 days
after notice of revocation or other action complained of, a written
statement setting forth fully the grounds for appeal. The Town Board
of the Town of Clarkstown shall thereafter set a time and place for
hearing the appeal, upon at least 10 days' prior written notice to
the appellant. The decision and order of the Town Board of the Town
of Clarkstown on such appeal shall be final and conclusive and shall
be based on the evidence presented at the hearing before the Building
Inspector, with no further evidence to be permitted.
Whenever notice is required or permitted to
be given by any section of this chapter, such notice may be effected
by personal service upon the licensee, if an individual, or any general
partner, if a partnership, or upon any corporate officer, if a corporation,
or alternatively, to any of the foregoing by certified mail, return
receipt requested, to the last address listed in the Building Inspector's
office in conjunction with the registration information. It shall
be the duty of each licensed contractor to keep the Building Inspector
advised of any subsequent change of address. Upon failure of a contractor
to comply with this requirement, any notice returned with notation,
"Unknown," "Moved" or "Not Claimed" shall be deemed proper service
of all notices required by this chapter.
[Amended 9-11-1991 by L.L. No. 6-1991; 4-9-2013 by L.L. No.
2-2013; 8-20-2013 by L.L. No. 6-2013]
Any person, firm or corporation or their respective
agents, servants or employees found guilty of a violation of any provision
of this chapter shall be punished by a fine of up to $2,500. Any person,
firm or corporation or their respective agents, servants or employees
found guilty of a second offense of any provision of this chapter
within 18 months from the date of the first conviction shall be punished
by a fine of not less than $2,500 and not more than $5,000. Any person,
firm or corporation or their respective agents, servants or employees
found guilty of a third offense of any provision of this chapter within
18 months from the date of the second conviction shall be punished
by a fine of not less than $7,500 and not more than $10,000. Any person,
firm or corporation or their respective agents, servants or employees
found guilty of a fourth or subsequent offense of any provision of
this chapter within 18 months from the date of the third conviction
shall be punished by a fine of not less than $10,000 and not more
than $15,000. Every week that such person, firm or corporation or
their respective agents, servants or employees shall fail to comply
with the provisions of this chapter shall constitute a separate and
additional offense against the provisions thereof.
Any person, firm or corporation whose license has been revoked under the provisions of § 244-7 of this chapter may apply to be relicensed and have his, her or its name reentered upon the registration list, upon filing the following:
A.
Certification by the Building Inspector to the effect
that all violations with reference to which the revocation was secured
have been corrected.
B.
Proof that all loss caused by the act or omission
for which the license was revoked has been fully satisfied and that
all conditions imposed by the decision of the revocation have been
complied with.
C.
Payment of a license fee as established by the Town
Board.
[Amended 9-11-1991 by L.L. No. 6-1991; 8-20-2013 by L.L. No.
6-2013]
[Added 3-14-1995 by L.L. No. 4-1995]
A.
Each applicant for a license shall agree, in writing,
to indemnify and save harmless the Town of Clarkstown from any and
all claims for bodily injury or for property damage arising out of
the operation, ownership and maintenance of any equipment or vehicle
used by the applicant in the Town and provide the Building Inspector
evidence, in the form of a certificate of insurance, that a policy
of liability insurance is in full force and effect, with the limits
of not less than a combined single limit of $1,000,000 for bodily
injury and property damage, covering the applicant, all employees
and agents and each and every vehicle engaged in the business of erecting,
altering, repairing or restoring signs, for any of which signs a building
permit is required by the applicable section of the Code of the Town
of Clarkstown, which policy shall name the Town of Clarkstown as an
additional insured.
[Amended 8-20-2013 by L.L. No. 6-2013]
B.
Each applicant shall also file with Building Inspector
evidence, in the form of a certificate of insurance, that the statutory
workers' compensation and disability insurance has been obtained by
the licensee for all employees engaged in the business of erecting,
altering, repairing or restoring signs, for any of which signs a building
permit is required by the applicable section of the Code of the Town
of Clarkstown.
C.
The form of said certificate of insurance shall be
approved by the Town Attorney.
