[Amended 5-12-1998 by L.L. No. 13-1998; 5-9-2006 by L.L. No. 21-2006]
[Amended 5-28-2024 by L.L. No. 9-2024]
After the filing of an application for a license, or renewal thereof and payment of the required fee, Land Management Administrator or designee shall examine the application for completeness, and Board shall issue a license unless it finds that the applicant is unfit or undesirable to carry on such home improvement business, in which event said application shall be denied.
[Amended 5-28-2024 by L.L. No. 9-2024]
A. 
The Land Management Administrator or designee shall notify the applicant of a denial of an application for a license. Service of such notice shall be via e-mail, addressed to the address set forth in the application. The notice shall include or be accompanied by a statement that the applicant may request an appeal before the Public Safety Commission as designee of the Town Board by filing a written request therefor with the Town Clerk within 30 days of the date of denial. The Town Clerk shall give the appealing party at least 10 days' written notice of the time and place of such hearing. The determination of the Public Safety Commission on behalf of the Town Board shall be final and conclusive.
[Amended 5-28-2024 by L.L. No. 9-2024]
A. 
The Public Safety Commission shall hear and render a final determination regarding a complaint filed by a homeowner against a licensed home improvement contractor. Such complaint must be made in writing and must allege one or more grounds listed within this section, and may be the basis for the Public Safety Commission to order a suspension or revocation of the license upon a finding that the licensee has committed a violation of this chapter, by clear and convincing evidence that he or she has violated any one of the following provisions:
(1) 
Fraud, misrepresentation or bribery in securing a license.
(2) 
The making of any false statement as to a material matter in any application for a license.
(3) 
Collection of a fee, deposit, payment, money, or any other form of consideration in excess of $500 without execution of a written home improvement contract.
(4) 
Failure to timely perform or complete contracts.
(5) 
Failure to display the license or registration certificate as provided in this chapter (including on site, and within vehicles).
(6) 
Failure to comply with any demand to appear before the Public Safety Commission.
(7) 
Manipulation of assets, fixtures, or accounts or by fraud and/or bad faith or in solicitation of business from owners.
(8) 
Violation of any provision of the Southampton Town Code, or applicable village code (where the alleged incident occurred) where a village has designated Southampton Town to process, review, and issue final determinations in respect to licensing of home improvement contractors by local law.
(9) 
Abandonment (more than 15 days) or willful failure to perform, without justification, any home improvement, project engaged in or undertaken by a home improvement, contractor or willful deviation from plans or specifications approved by a building permit in any material respect.
(10) 
Making a substantial misrepresentation in the solicitation or procurement of a home improvement, making any false promise of a character likely to influence or persuade or induce.
(11) 
Performing work outside of the scope of a home improvement contractor, particularly within the areas of plumbing, or electrical improvements, modifications, and/or alterations.
(12) 
Preparing or accepting any mortgage, promissory note or other evidence of indebtedness upon the obligations of a home improvement, 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 available within the Town of Southampton, and designated jurisdictions, that fails to include the home improvement contractor's assigned licensing number within the Town of Southampton, and/or incorporated villages which have designated the Town of Southampton by local law to process, review, and issue final determinations in respect to licensing of home improvement contractors. Directly or indirectly publishing any advertisement relating to home improvements which contain an assertion, representation or statement which is false, deceptive or misleading, or otherwise fails to comply with regulations or guidelines of the Federal Trade Commission.
(14) 
Violation of the building, sanitary, fire, zoning, electrical, plumbing, environmental and health laws of the Town, village, county or state.
(15) 
Failure to notify the Land Management Administrator or designee of any change of 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.
(17) 
Failure to conduct home improvements in a skillful manner as defined in § 777 of the General Business Law of the State of New York.
B. 
Procedure.
(1) 
The Public Safety Commission shall determine whether it has jurisdiction of any complaint submitted to it. In the event that it shall determine it does not have jurisdiction, such determination shall be made in writing, and a copy shall be mailed to the complainant.
[Amended 5-28-2024 by L.L. No. 9-2024]
A. 
The Public Safety Commission shall have the power to suspend or revoke a license if it determines, after a public hearing, that the licensee has violated any provision of § 143-11. Anyone who applies to be licensed following a revocation shall be subject to pay an additional "in violation" fee as determined by Town Board fee schedule.
B. 
The Public Safety Commission shall hold a hearing once it determines it has jurisdiction over a complaint. It shall notify the licensee that a hearing will be held before the Public Safety Commission to determine whether their license should be suspended or revoked. Such notice shall specify the time and place of the hearing and the ground or grounds alleged against a licensed home improvement contractor 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 hearing and shall be served personally or by certified mail, return receipt requested, addressed to the place of business of the licensee. A copy of such notice and a copy of the original complaint filed against any registration certificate holder shall be forwarded to the Suffolk County Executive's Office of Consumer Affairs.
C. 
At the time and place set for the hearing, Public Safety Commission shall give the licensee and the complainant a reasonable opportunity to be heard. Other interested parties may be heard, but shall be limited to three minutes per speaker. The decision of the Public Safety Commission shall be in writing, and shall specify the ground or grounds upon which the decision is based, and shall be final and conclusive. Failure to appear for a scheduled hearing is ground for a thirty-day suspension of a home improvement contractor license. Failure to make contact with the Land Management Administrator or designee to turn in a license pursuant to suspension shall be a ground for a one-year revocation. Anyone who applies to be licensed following a revocation shall be subject to pay an additional "in violation" fee as determined by Town Board fee schedule.
D. 
If the Public Safety Commission determines that the license of a licensee should be suspended or revoked, the Public Safety Commission shall notify the licensee of such in writing. 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 their license to the Land Management Administrator (or designee) upon suspension or revocation by the Public Safety Commission.
[Amended 5-28-2024 by L.L. No. 9-2024]
A. 
Any person who shall conduct or engage in any home improvement business without having obtained a license or registration certificate therefor, in violation of this chapter, or who shall conduct or engage in any home improvement business while their license is suspended or revoked, upon conviction, shall be punishable by a fine of not less than $750 and not to exceed $1,000 for each and every violation.
B. 
Each day or part of a day on which a violation continues shall constitute a separate violation.
C. 
Anyone convicted pursuant to this section shall be required to pay a mandatory blight mitigation surcharge of $100. The blight mitigation surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction.
The Town of Southampton may enter into cooperative agreements with incorporated villages located in the Town of Southampton for the performance by the Town of Southampton of the functions, powers and duties relating to administration and enforcement of local laws adopted by such villages requiring a license or registration certificate in order to conduct or engage in home improvement, plumbing or electrical businesses in such villages. Such cooperative agreements may provide, among other things, that the Licensing Review Board shall serve as a licensing officer under such local laws, that the Town Licensing Review Board shall serve as the Licensing Review Board under such local laws, that the Town Board shall serve as the Board designated to hear appeals and to revoke and suspend licenses and registrations under such local laws, that application fees under such local laws shall be paid to the Town of Southampton shall serve as the license or registration certificate required under this chapter and under such local laws, so that a license or registration certificate will be permitted to engage in the home improvement, plumbing or electrical business in such villages and in the Town of Southampton by obtaining one license or registration certificate and paying one application fee.