[HISTORY: Adopted by the Board of Trustees of the Village of East
Hampton 10-17-1975 by L.L. No. 4-1975
(Ch. 11 of the 1971 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Building Inspector of the Village of East Hampton or, in the event the Village of East Hampton shall enter into a cooperative agreement with the Town of East Hampton pursuant to § 107-11, the Building and Zoning Administrator of the Town of East Hampton.
Any repair, remodeling, alteration, conversion, modernization, improvement
or addition to residential property, including but not limited to alarm systems,
awnings, basements, bathrooms, cabinetmaking, carpentry, central vacuum cleaning,
cesspools, dormers, driveways, extensions, exterminating, fencing, flagpoles,
flooring, fumigation, garages, heating, ventilating, air conditioning, kitchens,
masonry, railing, roofing, septic tanks, siding, sprinklers, storms and screens,
swimming pools, tennis courts, termite control, tile installers, waterproofing
and weatherproofing, but not including:
The construction of a new home or work done by a contractor in compliance
with a guaranty of completion on new residential property.
The sale of goods by a seller who neither arranges to perform nor performs
directly or indirectly any work or labor in connection with the installation
or application of the goods.
Improvements to residences owned or controlled by any government subdivision.
The painting or decorating of residential property.
The landscaping of residential property.
An oral or written agreement between a home improvement contractor
and an owner for the performance of a home improvement, and includes all labor,
services and materials to be furnished and performed thereunder.
A person who conducts or engages in a home improvement business and
who performs or undertakes or agrees to perform or undertake a home improvement.
Any owner of residential property, tenant or any other person who
orders, contracts for or purchases the service of a home improvement contractor,
or the person entitled to performance of the work of a home improvement contractor
pursuant to a home improvement contract.
An individual, firm, partnership, corporation or other entity.
Any shop, residence, place or premises from which a home improvement
business is transacted.
One- or two-family houses and property associated therewith.
The Village of East Hampton Board of Trustees, unless the said Village shall enter into a cooperative agreement with the Town of East Hampton pursuant to § 107-11, in which case "Village Board" shall mean the Town Board of the Town of East Hampton.
The Village Clerk of the Village of East Hampton, unless the said Village shall enter into a cooperative agreement with the Town of East Hampton pursuant to § 107-11, in which case "Village Clerk" shall mean the Clerk of the Town of East Hampton.
No person shall conduct or engage in any home improvement business without
first obtaining and maintaining in effect at all times a license therefor
from the Building Inspector, as hereinafter provided.
No license shall be required under this chapter in the following instances:
A.
An individual who performs labor or services for a licensed
home improvement contractor for wages or salary.
B.
A member or partner of a firm, partnership or other entity
which is a licensed home improvement contractor, who performs labor or services
for such licensed home improvement contractor.
C.
A stockholder or officer of a corporation which is a
licensed home improvement contractor, who performs labor or services for such
licensed home improvement contractor.
D.
A plumber, electrician, architect, professional engineer
or any other person who is required by state law to attain standards of competency
or experience as a prerequisite to engaging in such craft or profession and
who is acting exclusively within the scope of the craft or profession for
which he is currently licensed.
E.
Any home improvement where the aggregate contract price
for all labor, materials and other items is less than $500. This exclusion
does not apply where the work is only part of a larger or major operation,
whether undertaken by the same or different home improvement contractors,
or in which a division of the operation is made in contracts or amounts less
than $500 for the purpose of evasion of this chapter or otherwise.
A.
A fee of $10 shall be paid to the Village of East Hampton or, in the event the Village of East Hampton shall enter into a cooperative agreement with the Town of East Hampton pursuant to § 107-11, to the Town of East Hampton, upon the filing of each application for a license, for the purpose of defraying expenses incidental to the processing of said application and the enforcement of the provisions of this chapter. The same fee shall be payable upon applications for renewals.
B.
Any license issued hereunder shall expire one year after
its date of issuance, unless revoked as hereinafter provided.
C.
Issuance of a license shall create no presumption that
the license is in compliance with the provisions of this chapter or that the
licensee is entitled to the license.
D.
No license issued under this chapter shall be transferred
or assigned to any person or used by any person other than the licensee to
whom it was issued.
E.
A license issued hereunder may not be construed to authorize
the licensee to perform any work or engage in any kind of business which is
reserved to qualified licensees under separate provisions of state law.
F.
A license issued hereunder shall at all times be posted
conspicuously in the place of business of the licensee.
G.
Every licensee shall, within 10 days after a change of
control in ownership, of management, of address or of trade name, notify the
Building Inspector of such change in writing.
Applicants for licenses or renewals thereof shall file a written, signed
and verified application with the Building Inspector. Where the applicant
is a corporation, the application shall be signed and verified by a member
or officer thereof. Applications shall set forth the following information:
A.
The name, trade name and business address of the applicant.
B.
If the applicant is an individual, his name and residence
address; if the applicant is a corporation, the names and residence addresses
of the officers thereof; and if the applicant is a firm, partnership or other
entity, the names and residence addresses of the members or partners thereof.
C.
Whether or not there are any outstanding liens or judgments
against the applicant.
D.
Such other reasonable information as the Building Inspector
may deem necessary or advisable to facilitate the purposes and enforcement
of this chapter, including but not limited to the following:
(1)
The names and residence addresses of any employees of
the applicant.
(2)
The names and residence addresses of the stockholders
and directors of a corporate applicant.
(3)
Whether or not the applicant or any member, partner,
officer, stockholder or employee thereof ever engaged in a home improvement
business under another name or for another person, and if so, reasonable information
with respect thereto.
(4)
Information relating to the financial responsibility
and character of the applicant.
After the filing of an application for a license or renewal thereof
and payment of the required fee, the Building Inspector shall examine the
application and make such investigation as he deems necessary or advisable.
Upon completion of the same, the Building Inspector shall issue a license
unless he finds that the applicant is unfit or undesirable to carry on such
home improvement business or is incapable of properly conducting such home
improvement business, in which event he shall deny the license.
A.
The Building Inspector shall notify the applicant of
his denial of an application for a license. Service of such notice shall be
made personally or by certified mail, addressed to the address set forth in
the application for a license. Such notice shall be in writing and shall specify
the ground or grounds for the denial. The notice shall include or be accompanied
by a statement that the applicant may request an appeal hearing before the
Village Board by filing a written request therefor with the Village Clerk.
The Village Clerk shall give the appealing party at least five days' written
notice of the time and place of such hearing.
B.
At the time and place set for the hearing upon the appeal
from the determination of the Building Inspector, the Village Board shall
give the appealing party and any other interested party a reasonable opportunity
to be heard, in order to show cause before said Board why the determination
of the Building Inspector should not be upheld. The decision of the Village
Board shall be in writing, shall specify the ground or grounds upon which
the decision is based and shall be final and conclusive.
A.
Formation and composition.
(1)
There is hereby established in and for the Village of
East Hampton a Licensing Review Board consisting of either three or five members,
as may be determined from time to time by the Village Board, who shall be
appointed by the Village Board to serve at the pleasure of the Village Board.
In no event shall a member serve for more than two years unless reappointed
by the Village Board.
(2)
The Village Board shall designate one member of the Licensing
Review Board to serve as Chairman thereof.
(3)
A majority of the members shall constitute a quorum of
the Licensing Review Board.
(4)
Members of the Licensing Review Board shall be residents
of the Village and shall serve voluntarily without salary or compensation.
(5)
At least one member of the Licensing Review Board shall
be a home improvement contractor who resides and has his place of business
in the Village.
B.
Function. It is the function of this Board to hear and
determine any complaint or grievance that may be the basis for recommendation
to the Village Board for suspension or revocation of a license or that may
be the basis for suspension of a license by the Licensing Review Board, upon
finding that the licensee has been guilty of any one of the following:
(1)
Fraud, misrepresentation or bribery in securing license.
(2)
The making of any false statement as to any material
matter in any application for a license.
(3)
The business transactions of the home improvement contractor
have been or are marked by a practice of failure to timely perform or complete
its contracts or the manipulation of assets or accounts, or by fraud or bad
faith, or is marked by an unwholesome method or practice of solicitation of
business from owners.
(4)
The person or the management personnel of the home improvement
contractor are untrustworthy or not of good character.
(5)
Failure to display the license as provided in this chapter.
(6)
Failure to comply with any demand or requirement lawfully
made by those charged with administering and enforcing this chapter.
(7)
An agent or employee of a licensee has been guilty of
an act of omission, fraud or misrepresentation and the licensee has approved
or had knowledge thereof.
(8)
Violation of any provision of this chapter.
(9)
Abandonment of or willful failure to perform, without
justification, any home improvement contract or project engaged in or undertaken
by a home improvement contractor; or willful deviation from or disregard of
plans or specifications in any material respect without the consent of the
owner and, where required, from the Building Inspector.
(10)
Making a substantial misrepresentation in the solicitation
or procurement of a home improvement contract, or making any false promise
of a character likely to influence, persuade or induce.
(11)
Any fraud in the execution of, or in the material alteration
of, any contract, mortgage, promissory note or other document incident to
a home improvement transaction.
(12)
Preparing or accepting any mortgage, promissory note
or other evidence of indebtedness upon the obligation of a home improvement
transaction with knowledge that it recites a greater monetary obligation than
the agreed consideration for the home improvement work.
(13)
Directly or indirectly publishing any advertisement relating
to home improvements which contains an assertion, representation or statement
which is false, deceptive or misleading, provided that any advertisement which
is subject to and complies with the then existing rules, regulations or guides
of the Federal Trade Commission shall not be deemed false, deceptive or misleading;
or by any means advertising or purporting to offer the general public any
home improvement work with the intent not to accept contracts for the particular
work or at the price which is advertised or offered to the public.
(14)
Willful or deliberate disregard and violation of the
building, sanitary, fire and health laws of the Village, county or state.
(15)
Failure to notify the Building Inspector of any change
or control in ownership, management or business name or location.
(16)
Conducting a home improvement business in any name other
than the one in which the home improvement contractor is licensed.
C.
Procedure.
(1)
The Licensing Review Board shall have the right to determine
whether or not it will take jurisdiction of any complaint submitted to it.
In the event it shall deny jurisdiction, such determination shall be in writing,
and a copy shall be mailed to the complainant.
(2)
If the Licensing Review Board upon reasonable cause should
believe that any licensee has violated any of the provisions of this chapter,
such Board shall have the power to make such investigation as it shall deem
necessary or advisable.
(3)
There shall be no suspension of a license or recommendation
that a license be suspended or revoked until after a hearing is had before
the Licensing Review Board upon written notice to the licensee of at least
10 days. Such notice shall specify the time and place of the hearing and the
grounds which will be the subject of the hearing, and it shall state that
the purpose of the hearing is to determine whether the license should be suspended
and whether a recommendation of suspension or revocation should be made to
the Village Board. Such notice shall be served personally or by certified
mail, return receipt requested, addressed to the place of business of the
licensee. The licensee and any other interested party shall be given a reasonable
opportunity to be heard. A stenographic record of the hearing may be taken
and preserved. The determination or recommendation of the Licensing Review
Board shall be in writing and shall specify the ground or grounds upon which
it is based.
(4)
The Licensing Review Board shall maintain records and
files of any and all hearings held by it.
D.
Powers.
(1)
The Licensing Review Board shall have the power to suspend a license for a period not exceeding 30 days if it determines that the licensee has been guilty of any act or circumstances set forth in § 107-8B of this chapter. Any such determination of suspension shall be final and conclusive. Upon making such a determination of suspension, such Board shall direct the Building Inspector to notify the licensee that his license is suspended. Such notice shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee, and such licensee shall immediately surrender his license to the Building Inspector.
(2)
The Licensing Review Board shall have the power to recommend
to the Village Board that a license be suspended or revoked by the Village
Board.
(3)
In lieu of a suspension or a recommendation to the Village
Board, the Licensing Review Board may accept a written assurance of a compromise
between the parties.
A.
The Village Board shall have the power to revoke a license if it determines, after a public hearing as hereinafter provided, that the licensee is unfit or undesirable to carry on the home improvement business or is incapable of properly conducting such home improvement business. The Village Board shall have the power to suspend a license if it determines, after a public hearing as hereinafter provided, that the licensee has been guilty of any act or circumstances set forth in § 107-8B of this chapter.
B.
Hearing.
(1)
If the Village Board determines to hold such a hearing,
it shall notify the licensee that a hearing will be held before the Village
Board to determine whether his license should be suspended or revoked. Such
notice shall specify the time and place of hearing and the ground or grounds
for suspension or revocation which will be the subject of the hearing. Such
notice shall be in writing, shall be served at least 10 days prior to the
date of the hearing and shall be served personally or by certified mail, return
receipt requested, addressed to the place of business of the licensee.
(2)
At the time and place set for the hearing, the Village
Board shall give a licensee and any other interested party reasonable opportunity
to be heard. The decision of the Village Board shall be in writing, specify
the ground or grounds upon which the decision is based and shall be final
and conclusive.
(3)
If the Village Board determines that the license of the
licensee should be suspended or revoked, the Village Board shall direct the
Building Inspector to notify the licensee that his license is suspended or
revoked. Such notice shall be served personally or by certified mail, return
receipt requested, addressed to the place of business of the licensee. A licensee
shall immediately surrender his license to the Building Inspector upon its
suspension or revocation by the Village Board.
A.
Any person who shall conduct or engage in any home improvement
business without having obtained a license therefor, in violation of this
chapter, or who shall conduct or engage in any home improvement business while
his license is suspended or revoked, in violation of this chapter, shall be
guilty of a violation of this chapter and, upon conviction, shall be punishable
by a fine not exceeding $250 for each and every violation.
B.
Each and every home improvement contract entered into
or undertaken or performed by a home improvement contractor without having
obtained or maintained in effect a license therefor, in violation of this
chapter, shall be deemed a separate violation of this chapter.
The Village of East Hampton may enter into a cooperative agreement with the Town of East Hampton for performance by the Town of East Hampton of the functions, powers and duties relating to administration and enforcement of this chapter requiring a license in order to conduct or engage in home improvement business in the Village of East Hampton. Such cooperative agreements may provide, among other things, that the Town of East Hampton Building and Zoning Administrator shall serve as the licensing officer under this chapter, that the Licensing Review Board of the Town of East Hampton shall serve as the Licensing Review Board under this chapter, that the Town Board of the Town of East Hampton shall serve as the Board designated to hear appeals and to revoke and suspend licenses under such chapter, that application fees under such chapter be paid to the Town of East Hampton and that a license issued by the Town of East Hampton shall serve as the license required under this chapter, so that a licensee will be permitted to engage in the home improvement business in the Village of East Hampton and elsewhere, as provided in § 107-12, by obtaining one license and paying one application fee.
A.
Any home improvement contractor whose principal place
of business is located in the Town of East Hampton, Town of Southampton, Town
of Riverhead, Town of Shelter Island or Town of Southold, or in any incorporated
village within any of the aforesaid towns, and who holds a license issued
by such town or village in which his principal place of business is located,
permitting him to conduct or engage in the home improvement business, shall
be exempt from the application fee provided for in this chapter and shall
be entitled to a license under this chapter without payment of such application
fee, upon filing with his application satisfactory proof that he meets the
foregoing conditions.
B.
The application fee exemption provided for in § 107-12A of this chapter shall apply only to a home improvement contractor whose principal place of business is located in any of the aforementioned towns or villages which have adopted a local law or ordinance containing a reciprocal provision applicable to home improvement contractors having their principal place of business in the Village of East Hampton.
This chapter shall take effect 20 days after its adoption and shall
not apply to home improvement contracts entered into before such date.
