The Town of Middletown, Delaware hereby ordains the establishment of
permits for certain trades, businesses and occupations operating within the
town and provides rules and regulations applicable to the permits, administration
and fees pertaining thereto.
As used in this chapter, the following words shall have the meanings
indicated:
CONTRACTOR
Any person, firm, corporation or jobber engaged in building, alteration,
repairing, remodeling, construction and/or maintenance of buildings or engaged
in any other type of construction, including but not limited to paving, curbing
and sidewalk installation or repair, plumbing, electrical or other types of
maintenance or construction.
No contractor shall operate, maintain or otherwise be engaged in any business as described in §
51-2 without first obtaining a permit from the Town Manager or his designated representative (Permit Officer).
Upon proper application and payment of a prescribed fee, a permit, signed
by the Town Manager or his designated representative (Permit Officer) shall
be issued to each applicant. Each such permit shall be valid and effective
from the first day of January of each year or the date of issuance to the
last day of December in that year. A record of all permits issued and permit
fees paid shall be maintained at the Town Hall. Each such permit shall be
on a form provided by the town. Permit fees shall be due and payable prior
to the beginning of a given permit year.
All permits issued under the provision of this chapter shall be posted
in a public place in the establishment or place of business for which it is
issued or it shall be carried upon the person of the permittee.
Each permit granted under this chapter shall be for the sole use and
benefit of the person to whom it is issued and shall not be transferable.
In case of the death of any individual, his personal representative shall
succeed to all rights thereunder until the expiration of the permit.
The Town Manager or Permit Officer shall make or have made all investigations
reasonably necessary to the enforcement of this chapter.
Upon determination that a violation of any town ordinance has occurred
or that a permittee is not in compliance with the provisions of this chapter,
the Town Manager may order a revocation of the permit. Before any permit is
revoked, the Town Manager shall give 30 days' written notice in advance
by certified mail directed to the permittee at the usual place of business
stating the reason for the revocation; and upon the correction of the defect
within 30 days following receipt of notice, no revocation shall take effect.
If the defect is not corrected within said thirty-day period, the permit shall
be deemed to be revoked immediately.
Any person who shall fail, neglect or refuse to comply with or who shall
violate the terms, requirements and conditions of this chapter or of any notice
as aforesaid shall, upon conviction, be sentenced to pay a fine of $25, together
with costs of prosecution. Each day on which a violation shall occur or continue
shall be deemed a separate and distinct offense. In addition to the penalties
provided herein, the town may recover reasonable attorney's fees, court
costs, court reporters' fees and other expenses of litigation by appropriate
suit at law against the person found to have violated this chapter or the
orders, rules, regulations and permits issued hereunder.