[Amended 5-12-1998 by L.L. No. 13-1998; 5-9-2006 by L.L. No. 21-2006]
After the filing of an application for a license,
registration certificate, or renewal thereof and payment of the required
fee, the Licensing Review Board shall examine the application and
make such investigation as it deems necessary or advisable. Upon completion
of the same, the Licensing Review Board shall issue a license or registration
certificate unless it finds that the applicant is unfit or undesirable
to carry on such home improvement, plumbing or electrical business
or is incapable of properly conducting such home improvement business,
in which event it shall deny the registration.
A.
The Licensing Review Board shall notify the applicant
of a denial of an application for a license or registration certificate.
Service of such notice shall be made personally or by certified 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 Town Board by filing a written request
therefor with the Town Clerk. The Town 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 Licensing Review Board, the Town
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 Licensing Review Board should
not be upheld. The decision of the Town 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 Town of
Southampton a Licensing Review Board consisting of either three or
five members, as may be determined from time to time by the Town Board,
who shall be appointed by the Town to serve at the pleasure of the
Town Board. In no event shall a member serve for more than two years
unless reappointed by the Town Board.
(2)
The Town 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 Town.
(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 Town.
B.
Function. It is the function of this Board to hear
and determine any complaint or grievance that may be the basis for
suspension or revocation of the license or registration certificate
upon a finding that the licensee or registration certificate holder
has been guilty of any one of the following:
(1)
Fraud, misrepresentation or bribery in securing a
license or registration certificate.
(2)
The making of any false statement as to a material
matter in any application for a license or registration certificate.
(3)
The person or the management personnel of the contractor
are untrustworthy or not of good character.
(4)
The business transactions of the contractor have been
or are marked by a practice of failure to timely perform or complete
his contracts or the manipulations of assets or accounts or by fraud
or bad faith or are marked by an unwholesome method or practice of
solicitation of business from owners.
(5)
Failure to display the license or registration certificate
as provided in this chapter.
(6)
Failure to comply with any demand or requirement lawfully
made by the Licensing Review Board or Town Board.
(7)
An agent or employee of a licensee or registration
certificate holder has been found guilty of an act of omission, fraud,
or misrepresentation and the licensee or registration certificate
holder has approved or had knowledge thereof.
(8)
Violation of any provision of this chapter.
(9)
Abandonment or willful failure to perform, without
justification, any home improvement, plumbing or electrical contract
or project engaged in or undertaken by a home improvement, plumbing
or electrical 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 Licensing Review Board.
(10)
Making a substantial misrepresentation in the
solicitation or procurement of a home improvement, plumbing or electrical
contract or making any false promise of a character likely to influence
or 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, plumbing, or electrical transaction.
(12)
Preparing or accepting any mortgage, promissory
note or other evidence of indebtedness upon the obligations of a home
improvement, plumbing, or electrical transaction with knowledge that
it recites a greater monetary obligation than the agreed consideration
for the home improvement, plumbing, or electrical work.
(13)
Directly or indirectly publishing any advertisement
relating to home, plumbing, or electrical improvements which contain
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 guidelines
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, plumbing, or electrical 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/or violation
of the building, sanitary, fire, zoning, electrical, plumbing, environmental
and health laws of the Town, county or state.
(15)
Failure to notify the Licensing Review Board
of any change of control in ownership, management or business name
or location.
(16)
Conducting a home improvement, plumbing, or
electrical business in any name other than the one in which the home
improvement contractor is licensed or for which a plumbing or electrical
contractor's registration certificate has been issued.
(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.
(18)
Failure to conduct plumbing or electrical business
in accordance with the standards set forth in Chapter 275 of the Suffolk
County Code.
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 that 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 or registration certificate holder
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 and to request the issuance of a stop-work order by the
Building Inspector of the Town of Southampton.
(3)
The Licensing Review Board shall maintain records
and files of any and all hearings held by it.
A.
The Licensing Review Board shall have the power to revoke a license or registration certificate if it determines, after a public hearing as hereinafter provided, that the registration certificate holder is unfit or incapable of properly conducting such plumbing and/or electrical contractor business. The Licensing Review Board shall have the power to suspend a license or registration certificate if it determines, after a public hearing as hereinafter provided, that the licensee or registration certificate holder has been guilty of any act or circumstances set forth in § 143-11B of this chapter.
B.
If the Licensing Review Board determines to hold such
a hearing, it shall notify the licensee or registration certificate
holder that a hearing will be held before the Licensing Review Board
to determine whether his license or registration certificate should
be suspended or revoked. Such notice shall specify the time and place
of the 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 hearing and
shall be served personally or by certified mail, return receipt requested,
addressed to the place of business of the licensee or registration
certificate holder. 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, the Licensing
Review Board shall give the licensee or registration certificate holder
and any other interested party a reasonable opportunity to be heard.
The decision of the Licensing Review Board shall be in writing, shall
specify the ground or grounds upon which the decision is based, and
shall be final and conclusive.
D.
If the Licensing Review Board determines that the
license of a licensee or registration certificate of a holder should
be suspended or revoked, the Licensing Review Board shall notify the
applicant that his license or registration certificate 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 or registration certificate holder. A licensee or
registration certificate holder shall immediately surrender his license
or registration certificate to the Licensing Review Board upon its
suspension or revocation by the Licensing Review Board.
A.
Any person who shall conduct or engage in any home
improvement, plumbing or electrical 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, plumbing
or electrical business while his license or registration certificate
is suspended or revoked, in violation of this chapter, upon conviction,
shall be punishable by a fine of not less than $100 and not to exceed
$1,000 or by imprisonment for not more than 15 days, or both, for
each and every violation.
B.
Each and every home improvement, plumbing or electrical
contract entered into or undertaken or performed by a home improvement,
plumbing or electrical contractor without having obtained or maintained
in effect a license or registration certificate thereof, in violation
of this chapter, shall be deemed a separate violation of this chapter.
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.
