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HomeMy WebLinkAboutLL-1975 #04LOCAL LAW NO. 4 - 1975 A Local Law providing for the biceosing of Itome Improvement Contractors in the Town of Southold Be it enacted by' the Town Board of the Town of Southold as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 50, to read as follows: §52 10. Title. 'Fhis Chapter shall be known a~d may be cited as the "ltome Improvement Contractors Law of the To~vn Of Southold". Definitions. "Pe~'son" means an individual, firm, partne~ship, corporation or other §50'--11. (A) c'ntity. "Place of Business" means any shop, residence, place or premises from which a hon]e improvement business is transacted. (C) "Itome improvelnent" mean:~ any repair, remodeling, altecation, COllvers[o~], modernization, improvement or addition to residential property; and shall include, 10ut ~,ot be litaited to alarm sy:~tem$, aw~nings, basements, bathL~ooms, cabh%ctn~skocs carpentry, central VC~CLIUI]I cleaning, cesspools, dor~ners, dcivewa),s, e×tessions, exkerminating, fencing, flagpoles, floori,~g, fnmigation, garages, heating, venti- lating, air conditioning, kitchens, m~sonry, raili,,gs, roo£ing, septic tanks, sitting, sprinklers, storms and screens, swimt%h~g pool.q, tennis courts, termite control, tile installers, x;aterproofing, and weathecproofing; but shall no£ include: (1) The construction of a new home or work done by a eontrar, tor in compliance with a guarantee of completion on ne\v residential property, or (2) The sale of goods by a seller who neither act'allgcs [o pe~fo~'m nor performs directly or indirectly any work or labor in connection w~th the installation of or application of the goods, or (3) hnprovements to residences owned by or controlled by anygovermnent subdivision, (4) (5) or The painting or decorating of residential property, or The landscaping of residential property. (D) "tlome improvement contractor" means a person who col~ducts or engages in a home improvement business and who performs or ,mdertakeS or agrees to perform or m~dertake a home improvement. (E) "Owner" means any owner of residential property, tenant, or any ot~r contractor, or the person entikled to performance of the work of a home improve- ment contractor p,rsuant [o a home hnprovemen[ contract. ~esrdc dml property" means one or two family houses and property (F) ' ' ~ ' associated therewith. (G) "Home improvement contract ' means an oral or written agreement between a home improvement conkractor and an owner for the performance of a hmne improvement and inelude:~ ail laloor, services and materials to be furnished and performed therexmder. (ti) "Building Inspector" means the lCuilding I~*spcetor of the Town t)fSouthold or any duly al>pointed deputy or assistant building im~pector of tim 'Fown of Southold. (r) "' ' [Ace 1see nlcans a peuso~l permitted [o cnf~age in the home improvement business under the provisions of this Chapter. [50-12. License Required. No person :~hall conduct or en~age in any home improvement lousiness withont first obtnining and maintaining in effect at all ~imcs a license therefor issued by the Building Inspector, as hcrehmfter provided. ~ 50-13. No license Mqall be rcqt~ircd under this Chapter in the following instances: (A) By a individual who performs lal0or or services for a licen:;ed home i~npt'ovcment contractop for wages or salary. (B) By a member or partner of a firm, partnership, or other entity which a liceosed borne improvement contractor, who performs labor or services for such licensed home improvement contractor. (C) By a s~ockhohlcr or officer of a corporation which is a licensed home improvement contractor, who perfomns labor or services for such licensed home improvement contractor. (D) By a phunber, electrician, architect, professional engi~mer, or any other person who is required by State or Town law to attain standards of competency or experience as a prerequisite to engaging in sueh craft or pcofe:~sion, and who acting exclusively within the scope of the craft or profession for which he is cur ['en[ly licensed. (E) Any home improvement, where thc aggregate contract pr[ce for ali labor, ma~e~ials trod other items ts less than $500.00. 'l'h[s exc]usioa does nok apply where the work is only part of a larger or major operation, whether undertaken by the same or differei~t home improvement contractor, or in which a division of the operation is made in c{)~tracts of amounts less than $500. 00 for the purpose of evasion of this Chapter or otherwise. [ 50-14. Application Fee - Term of lAcense - Use and Display of (A) A fee of Ten Dollars ($10.00) shatll0e paid to khe Town of Southold upon the filing of each application for a license or renewal thereof for the purpose of defraying expenses incidental to the pl'oecssiug of said :xpplic',xtion and the cmforcc- merit of the provisions of t]~is Chapter. (B) Aay license is:meal here,ruder shall expire one year after its date of issrmnce, unless rcvoked as hcrcir]aftcr provided. (C) The issuance of a license shall not create a presumption that lhe lice~see is in con, pliamm with the provisions of this Chapter or that tim lh::c, nsce is eatitled to the license. (D) No license issued under this Chapter shall be transferred or assigned to any pcrsoi] or used by any person other than the licensee [o whom it was issued. -3- (E) A license issued hereunder shall not be deenned to au[horize tile licensee [o perform any ~ork or engage in any kind of business which is reserved to qualified. licensees under separate provisions of State or Town law. (F) A license issued hereunder shall at all times be conspicuously po~ted in place of business of tine licensee. (G) The licensee shall within ten days after a change in the ownership, manage- ment, control, address or trade name of the licensee notify the Bui[ding rnspector thereof in writing. [ 50-15. Applic;4[iou for IAcense. Applicants for licenses or rencwals tbcreof shall file a written, signed and vecified applica[ion wi[h the Building Inspector. If the applicant is a corporation, the application Mmll bc :~igned aud verified by an officer thereof. If the applicant is a firm, partuecship or other eutity, lhe application shall be signed and verified by a member or partner thereof. Applications shall contaiu the folloxviug information: (A) The name, [pade name and business address of the applicant. (1~) If the applicant is an individual, his name and cestdence address; if the applicaut is a corpocation, the names and residence addt'essos ~f tt~e officers ~hereof; if the applicant is a firm, pat-tnership or ether entity, the ha,nos and reMdence addpos~sos of the meml0ers or pactners thereof. (C) Whether or not there are auy outstanding l[et~s or judg'me~ts against the applicant. (D) Such other reasonal01e information as tlm BuildiugInspector may d~'C]ll neecssary or advisable to facilitate lbo t/ul't)ogcs of and enforcement of this Chapter, including but t~ot limited to thc following: (1)The nmnos and residence adch'csscs of any employees of the applicant. (2) The ~la~nos and residence addresses of the stockholders and directors of a corporate applicant. -4- (3) Whe[her 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 ~vi~h respect flmre[o. (4) [nformalion relating ~o ~he fh~ancial responsibility and char- acter of the applicanL ~ 50-16. Issuance of License. 2Xftec the filing of an application for a license or renewal ~bet'cof and payment of the required fee, the Building Inspector sball examine the application and make such invcskigation as he deems ncccssa~'y or' advisable. Upon completion of the sanae, the Building Inspector shall issue a license nnle~;s he fi~ds that the applicant is uufit o~' undcsit'able to carry on such home ~mpt'ovcment businc~s or is incapable of properly co~iducting stlch home improvetnent business, in which event he shall deny the license. [ 50-17. Dcmal of l,icense - Appeal. The l]u[ldlng Inspector shall notify the applicant of his denial of an application for a license. S~zrvice of such notice shall be made personally or by certified mail, directed to Lbe add,'ess set forth in ~he application for a license. Such no[ice shall be in writing and shall specify the gromnd or g~'otmds for the denial. The notice shall include or be accompai~ied by a statcn~e~t that the ap?llcant may i-equest an app~al hearing before the Town Board by filing a written request therefor xwth the Town Clerk. Tbe Town Clerk shall give ~he appealing party at least five (5) daSs' x~.rittcn notice of the lime and place of such A[ the time and place set for the hcarii~g upon ibc appeal from the determination of ~he l~dlcllng inspector, ~he Town ]3oard shall give the appm~ling party, and any o~ber ii~tercstcd party, a reasot~able oppor[~inity to be beard, in oud~¢~' ~o show cause before said I]oat'd why the dc~erminafion of the Building [nspc~2Lor should not bc upheld. The decision of the Town ]]oard ~;ball be in writing, shall specify the gcound or grounds upon which the decision is based, and sballbe final and conclnsive. -5- [ 50-18. Licensing Review Board. (A) Formation and Composition. (1) There is hereby established ia and for the Town of Southold a IAcensing Review Board consisting of either three (3) or five (5) members, as may be determined from time to time by the Town Board, who shall be appointed by [he Town Board to serve at [he pleasure of [he Town l]oard. In no event shah a member serve for more than [we year's unless reappointed by tlae Town Board. (2) The ~l?owtl ~oard shall designate one member of the lAcensi, ng Review Board to set'ye as Chairman thereof. (3) A majority of the member,~ of such 13oard shall consti[ute a quo~'um. (4) Members of the IAcensing Review Board shall be residents of the Town and shall serve wi~hou~ salary or compcnaalion. (5) At least one member of the Licensing Review Board shall be a theme improvcmcat contractor who resides and has his place of business in the Town. (6) The l,ieensing Review Board shall keep minutes of its proceedings and reeocds of its h,acings a~]d other official ac[ions. (B) Function. It shall be the function of this Board ~o h(2ar and de[ermine any complaint or grievance that may be the basis for recommet~dation to the Town Board for sugponsion or r'exocation of [he ]ieen:~e upon a finding [hat tho licensee Iaaa been guilty of any one of the following: P'r;~ud, lnisrepr'esentation, 1ocibery in sccuriag a license. (2) The making of any false ~tatement as to a roarer'iai matter in soy application foca liccose. col,[racier are untz-us[wo~'[hy or l]ot of jsood chill'ac[er. (4) The business transactions of the home improvement con[racier ha~e been or are marked by a practice of failure to ti~nely perform or complete its contrac[s~ or the manipulatioas of assets or accounts, -6- or by fraud or bad faith, or is marked by an unwholesome method or practice of solicitation of business from owners. (5) Failure to display the license as provided in this Ch~0tcr.' (6) Failure to comply with any demand or requirement lawfully made by the Buildiug Inspector. l,icensing Review Board, or Town Board. (7) An agent or employee of a liccn.~ee lnas been g,~tlty of an act or omission, fraud, misrepresentation aud the licensee has approved or bad knowledge thereof. (8) Viola[iou of any provision of this Chapter. (9) Al~aadonment or willful failure to perform, without justification, any home improvement contraek or project en~Jaged in or underkaken By a br~me [ml)t'ove~x]rm[ co~trac~or; oF willful doris[tea frmn or disregard of plans or spccificatious in gay material respec~ without the consent of the owner and v, herc ~-equiced, from the Building Inspector. (10) a~akin.g a sub:~[autial mis~'eprcscniation in the solicitatioa or pro- C/II'OiI1CII~ of a ]lOillO improvement contract, or lll:t]<ilq~ ally false pl'omise of character likely [o im2uence, or perz{uade or iuduce. (11) Auy foam] in the execution of, or in the material altm'ation of any contract, nlor[~a~ej promi~;so~ note, or enact document incident ~o a home improvement transaction. (12) Preparing or acccptiag any mortgage, pt'omissory note, or other evidence of indeBted~}css upon the obligations of a home imp~'ovcmcnt tcnn~action with km>wlcdge that it recites a obligation than the ~greed consideration for the home [mp['ovemeu[ (13) Directly or indiuecily published any aclvcriise~nent relating [o home ~hich contains an assertion, representation or statement of which false, deceptive, or misleading, provided that any advertisement which is subject [o 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 fop the particular work or at lhe price which is advcrtiscd or offered to the public. (14) Willful or deliberate disregard and vtolaiion of ~he bnilding, sanitary, fire trod health laws of ~he Town, County, or State. (15) Failure to not~fy thc Building Inspector of any change or control in ox~nerM~ip, lnana~lement or business name or location. (16) Conducting a homo improvemcnt business in any name other than the OhO in which ~he home improvcment con~ractor is licensed. (C) Procedure. (1) The l~icensing Review ~oard Mnall }~ave the right to determine whether or not it will lake juriadic~ioa of any ~omplaint a~tbmitted to it. In the eveut i~ M~all dcmy jLn'isdiction, such dctemnination shall be in wz4ting, and a copy shall be maJlcd to the comp]ainant. (2) If the I,iccnsing Review ~oard upon rcasotmblc cause sho~dd believe that ally licensee has violated any of tho provisions of this Chapter, such Board s}~all have tho power to make stroh invcstigation as it shall deem t~eces~ary or advisable. (3) There shall be no recommendation that a license be ~uspended or ~-cvokcd until after a hearing had bofoce the Liceasing Review Board upnn writtcn notice to the licensee of a~ least tcn days. Such notice shall specify the time aud place of the hcaz'ing and that the purpose of the heating is [o detc.'~nit~e whether' a }.'eco~m~endation of sust)c~:aion or k'cv~cation should be made [o lbo 'Pow ti ]3o;~z~d and a stalomcnt of thc g~'OtuldS thcs'clot. Such notice shall bo ~e~'ved personally or by certified mail, rciurn ~'eccipt requcsted, addressed to the place of business of the liccnsee. The liccnsce and any other interested pa~'ty shall be given a reasonable opport4nity to be heard. A stcnographic record of Ibc hcaring may be taken and -8- preserved. The recommendation of the l,icensingReview Board shall be in writing and shall specify the ground or grounds upon '~t~hich it is based. In lieu of a recommendation, the Licensing Review Board may accept a written assurance of a compromise between the parties. [ 50-19. Suspension or ~evocation of lAcense. (A) The Town Board shall have the power to revoke a license if it determines, after a public hearing as becefnafter provided, that the licensee is tmfft or tmdcsiz'able ~o carry o~ the home improvement business or is incapable of properly conducting ~uch home improvement btlsi~]es~. 'Fhe Town Board shall have the power to suspend a license if it determines, after a pablic bearing as lnereinafter provided, that the licensee Bas been guilty of any act or circumsta~me set forth in Section 5¢laB) of this Chapter. (B) If the Town Board determines to hold such a hearing, it shall lno~y the licensee that a hearitag will be held before the Town Board to determhm wlwt. her his licc~se sh,~uld be suspended or revoked. S,Jch notice shall sp,,~c~fy lhe time and place of tho heal'in~[ and l}]e grouDd oF grounds for suspension or revoc;{[ion which will be ~he aubjeet of the bearin.g. Stich notice shall be in writing, shall be served at least tea days prior to the date of the hearing, and shall be served personally or by certified mail, retur, n receipt requested, addressed to the place of busi~]ess of the licensee. At s~mh hearing the licensee, and any other in[chested party, shall be given a reasonable opportuaity to be heard. The decision of ~he Town Board shall be in writb]g, shall specify the grou,ad or gromzds upon wlzic}l the decision is based, and slm]l b,¢ final and couclusive. If the Town ~oard dctecmiuc,¢ that tbe license of a Iicensce should be auspeoded or revoked, the 'Fown Board sha)l direct the 13uildia~ Inspector [o notify the applica~]t that his licei3se is suspended or rcvo(ed. Such {lotice shall be served persm~a]ly or b3 certified mail, return receipt requested, addressed to the place of Business of the licensee. A licensee shall immediately surrender' his license [o tile Building Inspector upon its suspension or revocation by the Town Board. ~ ,50-20. Vio}ations. (A) Any person who shall conduct or engage in any home improvement business without having ol0tained a license therefoP, 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 vielation of this Chapter, and upon conviction shallbe punishable by a fine not exceeding t~o hmadred fifty ($250. 00) or by imprisonment for not more than fifteen (15) days, or both, for each and every violation. (B) Each and every home improvement contract entered into or undertaken or pex~focmed by a home improvom({ut coutt'actor without havi,~g obtained or maintained in effect a license therefor, inwolation of this Chapter, shallbe deemed a seporate violation of this Chapter. ~ 50--21, Validity. The iuvalidity of any section, subsection or provision of this Chapter shall not invalidate any other' section, at~bacction or p.t'oviaion thereof. [ 50-22. Reciprocity. (A} Any home improvement contraotor whose principal place of b~miucss is located in tl:e Town of East Hemp[on, Town of Riverhead, Town of Shelter Island, or Town of Soulhamp~on, or in any incorpm'aled village within N~e Tox~,n of Southold or withia any of lhc aro~'esaid towns, al~d who holds a license issued by such town or village in wlnich his principal place of business is located, permitting him [o conduct or engage in tee hcm~e improvement busii~ess, s;hall be exempt front the application Fee ppov[dcd for in [his Chapter, a~*d shall 10e mRiilod to a license under this Chapter w~thoat p:~yment of attch application foe, upon filing with his application, satisfactory proof that he meets the foregoing conditions. (B} The application Fee exemption [n'ovided for in Section 50-22 (A) of this Chapter shah apply only to a home improvement contcacior whose principal place of business is located in any such toxvn or village which has adopted a local law or o~'dinanee eontainiug a reciprocal provision applicable to home improvement contractors having their principal place of business in the area of the Town of Southold outside the incorporated villages therein. ~ 50-23. Effective ]Date. This locallaw shall take effect ten (10) days after its adoption, and shall not apply to home hnprovement contracts ente~-ed into befo~'e such date. -11- MARLO M. CUOMO STATE OF NEW YORK DEPARTMENT OF STATE 162 WASHINGTON AVENUE ALBANY, NEW YORK 12231 June 26, 1975 Robert W. Tasker, Esq. Town Attorney Town of Southold 425 Main St. Greenport, L.I., N.Y. 11944 Dear Sir: Please be advised that Local Law No. of 1975 of the Town of Southold was received and filed on June 26, 1975 4 · We enclose herewith additional forms for the filing of local laws for your future use. Very truly yours, ~~:nand Law Bureau cc: State Comptroller Division of b~nicipal Affairs G120-006 DEPARTMENT OF AUDIT AND CONTROL July 10, 1975 Robert W. Tasker, Esq. Town Attorney Town of Southold 425 Main Street GreenDort L.I., N.Y. 11944 Dear Sir: I hereby acknowledge recelot o f certified cody of Local Law No. of 1975 which cody is bein~ as of June 25~ 1975 4 for the Town of Southold filed in this office. KRP: Js ~.hVe?D~-P~ly your~-~ Associate Attorney (Please Use this Form for Filing )'our Local Law with the Secretary of Slate) Text of law should be given as amended. Do not use brackets for matter to be eliminated 'and do not use italics for new matter. of S ou.~__old- . ...................................... Local Law No .................. .4 ...................................... of the year 19 .7..5. ...... A local law .g.r..9.~.i..d..i..~.a~g.~f..~..r...~h.e...J~.i..~..e.n.~i..n.g~.9f.~D.9~e~p~w~.e~..C~ngr.g~c[~.r~...h~.~ke ......... : Town of Southold ([n~ertt[tle) Be it enacted by the ............................. ..T..9..x~L.n....B-..9...a.E.d.. ............................................................................... of the ~?¢¥ of .................................................... . .S...o. ~:.t.'.n..9. ], ..d. ..................................................................................... as follows: Town The Code of the Town of Southo!d is hereby amended by adding a new Chapter thereto, to be Chapter 50, to read as follows: ~50-1. Title. This Chapter shall be known and may be cited as the "Home Improvement Contractors Law of the Town of Southo!d". ~50-2. ~' (A) "Person" means an individual, firm, -partnership, corporation or other entity. (B) "Place of Business" means any shop, residence, place or premise, s from which a home improvement business is transacted. (C) "!tome improvement" means any repair, remodeling, alteration, 'conversion, modernization, improvement or addition to residential property; and shall include, but not be limited to alarm systems, awnings, basements, bathrooms, cabinetmakers, carpentry, central vacuum cleaning, cesspools, dormers, driveways, extensions, exterminating, fencing, flagpoles, flooring, fumigation, garages, heating, ventilating, air conditioning, kitchens, ~aasonry, railings, roofing, septic ta~2~s, siding, sprir~klers, storms and screens, swimming pools, tennis courts, termite control, tile installers, waterproofing, and weatherproofing; bu~ shall not include: (1) The construction of a new honae or work done by a con~ractor in compliance with a guarantee of completion on new residential property, or (2) The sale of ~ooos by a s~ller who neither arranges to perform nor performs directly or indirectly any- work or labo~ in connection with the installation of or application Cf the goods, or (3) Improvements to residences owned by or controlled by any govermnent (if addition.mt space is neeaea, please attsch sheets of the same size as this and numaer each) (4) The paimling or decoraling of resideni[al property, or (5) q'be landscaping of reside~ial property. (D) "][omo improve]]~ent oon%zactor" nTosns a person %vlao conducts or en~a~eso-~- tn s home improvement business a~ad who performs or undertakes or aEcees [o perform or u~adertake a ]]on]e improvemen%. (E) "Owner" means any owner of resideniial properly, [cna]]{, or any o{l~r person who orders, oon[rac%s for or purchases the services ~f a home i~np~-ove~nent co_~ac~r, or ~he person ent{tled to performance of the work of a home ~mprove- ment con%fac[or pursuan~ {o a ]~ome in~provement con%rat%. (F) nResiden{~al proper[yJ' means cne or %~vo family houses and prcper[y ' associa{ed therewith. co}~ract ~eans an oral or v~rit[en agreennen~ be%weer a home bnprovemen% con%rac%}r and an owner for the perfbrn~ance of ahome in~provement and includes all labor, services and rna[erials [o be furnished and (H) "]~uilding Inspector" means thc ]Bui!d~ng Inspector 9f the To~n of Sout]~old or any duly appoh~ted ~epu[y or gssislan% building in-spec~or of ihe Town of Southold. (I) "Licensee" nlegns a person permilied to. en~age in the home improven~ent business under the provisions of this Chai~er. ~50-35. License l~cquired. ~o person shall conduc% or en~age b~ any home in~provement business without e~ ~ ~he~ ~or issued by first obtaining and inainiaJning in _~zect at all limes a license .... n=~- Uie ]3u~!cJing Ii~spectoJ~ as hereinaf%er provided. 5 ~0-4>'~- Exch~s~ons. ~o license shall be reqoi~-ed ~uder this Chap%er ~n ihe roi!owing instances: (A) ~By a individual ~vho performs labor or services for a licensed hon~e i~7~provennent c~n~z~ctoz for vv~k~es or salary. (]3) ]By a ~cn~er or part~e~- of a firm, pazt~.e~on~p, -2- or ~ ~}~ez _n~ly v,,.a~ch is a Ifcensed bon~e improven~e~t contracior,, who performs labor ou services for such licensed hon~e i~upro~-emen/ contractor. (C) ~y a siockholder or officer of a corpora/ion which is a licensed ]~ot~e i~nprove~7~en[ aoniractor, who pe~'forrns labor or services for such ]~censed ho~e i~proven~ent contraclor. (]9) ]~y a plun~ber, electrician~ architect, professio~al er~gineer~ or any oilier person w~o ~s required by State or Town la~v to attain s[a~dards of compe{ency or exper~e~ce as a prerequisite [o enga~ing in such craft or profess~on~ a~d who is acting exclusively within [he scope of the craft or profession for %vhich ]~e is currently licensed. (~) Any ]]ol~e i3n!>rovcmcn~: - ...... the ao-~rc~a[e co~%ract price for alt ma~er~als a~d o~her items is ]ess than ~500.00. This e~clusion does not apply %vhere [lie work is only par~ of a /acger 9r n~ajor opera[ion~ whether u~]c]ertaken by t/~e sa~ne or different ho~e in%prove~nent contractor, or in which a division of the opera%ion is made in contrac%s of amounts ]ess than $500. 00 for the purpose of evasion of [his Chapte~~ or other%vise. ~ 50-5~-... Application lree - ~er~n of License - Us~ and ]Display of License. (A) A fee of 'Fen Dollars ($10.00) shall 1Do paid~o the Town of South~Id upon the filing of each application for a license or rene%%ial thereof fSr the purpose of defra3, in~ ea-penses inciden[al [o the processing of ~aid application and the enforce- nlen[ of the provisions of this Chapter. (]~) Any license issued hereunder shall expire one year al%er its da[e of issuance, unless revoked as hereinafter provic~ed. (C) 'fhe [sst~ance of a license s]~all not create a presu~p[ion that the !icc~]sce is in co~tpl~ance with the provisions of [hfs Chap[er or ~]~a[ the lice~see is entitled [o the license. (D) iqo license issuedunaez ..... this (~h~,p~er~ '- ~ s~a!l~ be '-~ra_]~ferred~ or a~signed [o any pecson or used by any person other than the lice~see to v/hon~ ~t %vas ~ssued. -3- (}2) ~ license issued hereu:~der shall no[ be deemed [o authorize the Ncens~e [o perform any v.ork o~- engage in any kind of business which is reserved to qualified licensees under se~}ara~e provisions of S[a[e or Town Iai. (F) A license issued ]~ereunder shall al all times he conspicuously posted in the place of business of the licensee. (G) The licensee shall within ien d~ys after a change in ~he ownership~ manage- n~en[, confro], address or trade name of ihe tice'nsee notify the ~uilding Inspector he~ ~of {n 5 50-6Y. Application for Dieease. Applicants for licenses or renewals thereof shall file a wPit[en, signed a~d verified applica[[on with the iSui!din~ lnspecior, if tNe applican~ fs a corporalion, tl~e appNcation shall ke si~ned and ver]f{ed ty an officer thereof. If []~e applicant ts a firm, · ........... ~ " eh_er e~t~}5 the aeptioa{~on s}~ail be sisned and verified by a ]~en~ber er parh~er [befool Applias[iens shall contain the followin~ (A) The na]~e, trade nan~e and business address o~ the appNcanC (15) ~f the app]ican~ ~s an h~dividuaL his name and residence addrdss; ~he app]iean[ {s a aorporation~ ~he names and residence addresses ef the o~icers thereof; if the applicant is a firm~ parh~ership or other ent[t5 the Names-a~d residence addresses of the n~en~bers or partners thereof. Rzhet]~er or not there are any ou%stan~]ng liens or judgn!enfs (c) the app!icanC Such other reasonable information as the i3uilding D~spector may deem necessary or advisable ~o facili[a~e ~he purposes of and enforaen~n[ of [h~s (J~q}~e~, including but not limited to ~l~e following: (1) The names and ~-esidence addresses of any employees of the applicant. (2) The nantes a~d residence addresses of the stockholders and dh-cctors of a corpoz~a[e applicant. -4- {$) \Vhether or not the applicant or any men~ber, partner, officer 's{ockho!der or enaplolee {hereof ever engaged in a honae improvement business under ano%her name or for another person, and if so~ reasonable information with respect ~heret~ (4) Inforn~alion relating to ~he financiM responsibility and char- actor of the applicanL 5 50-7~- Issuance of l=icense. ~' ' ~ ~ ~: Ncense or renewal ~hereof and pay~me ARer ~.he nhn~ of an ~pphca~on for a , _ of [he required fee, the Building Inspector shall examine the application and make s~c~a inves[~g~on as he deems necessary or a. dvisab!e. Upon complelion of the same, ~e ~len~g Inspector snail iss~e a Ncense unless ne ~mos ~na~ d~e appliea~t is ungi or undesirable %o carry on such home impmovemeni business or is ~ncapab!e -of properly conductin~ such home irnproven~entbusiness, invvhich eveni he shall deny iN'e license. 5 50-8~~. Denial of t~icense - Appeal. The ~Suilding N~spee~or shall notify the applicani of his denial of an app!icalio~ for a license. Service of such notice s~all be ~made personally or by c~z~n,ed n~ai!, directed ~o the address set forth in the appNg~aiion for a license. 'Such shall be in wri[ing and snail specify lhe ground or ~rou~ds for ~he denial. The nolice shall include or be accompanied by'a sta~e~e~i ii~a~ the app!icanl may ~ka~_~n~ before ~ne 'Fearn ]~oard b~ fil~ a ~vri[%cn request ~1 %riCh the ~Fe%vn Clerk. The Te%vn Clerk shall g~ve {.ho appealin~ party at least five (5) da}:s' writ%ch no/ice ef the ii,ne and place of sud% hear{n~. At the lime and place se{ for the hearing upon the appeal fren~ the of the Bu%lding Im~peeLlr, the Town Board ::.~=11 ~lve tile ' n ~ { ap,~e~.kns p~ ty~ and any oiher inleresled par~y, a reasonable oFpori~ni[y lo be Neard~ in order ~o show cause bereave said ]Scard w~y ~he de~ermiaalion of ~he'~uilding D~spec~or shcu].d no[ be ~,~neld.' _ . The a~zc~s~on'- '~' ' of the Town 1Board sNa_ll_ be in wri[in~, ~a!l'-~ s2echy~ ' ~.ne ground or gzom~as upon v,.n~clb~e occ}'ozon is oascd~ ~-~as,~a]lbefinalandconc!us} 5- (A) ~orma[ion and (t) rFhere is hereby estab]ishcd in and for the To~¥n of Southold a three (3) or Licensing ~evie~v ~oard consisting of either ~ five (5) me~nbers~ as may be ~e[er]~ined fro~ time [o time by U]e To~vn IBoard~ who shall be a~ol~o~n{ed~ ~ , by the T~%~n ]~oard [o serve at the pleasure of fhe ~l~o%vn ~oard. in no event shall a menuber serve for more than t%vo years unless reappointed by the '~oav-n J~oard. (2) 'l~he ~Fo%vn ~oard shall designate one me~nber of the Lice~:sin~ Revie%v ~oard to serve as Chairman thereof. (3) A majority of the n~e~r~bers of such TM ~voarm shall constitute a quor-~. (4) A~e]nbers of the t=icensin~ Review Eoa'rd shall be residents of the ~o%~n and shall serve %¥i[hou[ salary or compensation. (5) ~At least one n~e~nber of the Licensing Review ~oard shall be a ho~ne i~nproveinen[ contractor %vho _es~aes and has his place of business in the (6) The Licensin~ Revie-~ ~oard shall keep minutes of its proceedings and records of its hearings and other o~_~c_al actions. It s~_a!l~ be ~'~,e ~xu~uctlon' of this ~oard [o he~r a~d~ cetern~ine~ ' any co~plaint or grievance [hat may be the basis for reco~menaa~on to the ~o~vn ~oard for suspension or revocation of the license upon a f~ndin~ ~ ~ ~' ~a~ t~e llce~see has been gui![y of any one of the (1) ~raud~ n~isrep~esenta[~on, bribery in securin~ a license. (2) 'fhe n]aking o~ an~ false s[atenJen% as to a n~a~e~l ~natter in any appli'cation for a license. (S) ~l~.he person o~~ the managen~ent personnel of the hon~e ~proven~ent c~]a~ ac[cF. con[~ actor are un[rus[~vorthy or no~ of ~ood ~ (~) ~fhe ~us~ness tra~_sac~ons of the ho~e i~nprovernent con~ractor have been oc are ]harked by ~ practice of failure [o ~in%ely perforn~ or co~]ple[e its con[ca~s or [he inauipu!ations of asse~s or or by fraud or bad faith, or is n~arked by an unwholesome n~at.hod or practice of solid[alion of business from owners. (5) Failure [o display the license as provided in this (5) Failure [o comply with any ~emand or requirement lawfully made by the Building Inspector, Licensing Review ~oard~ or Town Board. (7) An agent or en?loyee of a ]icemsee has been i~uil[y of an act or on~issiom, fraud, rmisrepresen[atfon and [he licensee has approved or had know!edge [Nereof. (S) Violation of any provisfon of this Chap[er. (9) Abandonment or willful failure [o perfor~m, without justification, any Nonce hnproven~e~t contract or project engaged fn or m~der[aken by a home fmprove~en[ contractor; or willful deviation from or disregard of plans or specificatioms in any ~naterial respect without the consent of the owner and where required, fron~ ~he ~uild[ng Inspector. 10) Making a substantial misrepresen[alion tn the solicRa[ion or pro- curemen[ of a home improvemen~ con[ract~ or mak~n.g any false pro.a~i of eNaracter likely [o inDuence, o~~ persuade or induce. (1I) Any fraud in ~he e~ecution of, or in th~ material alteration of any con[raet~ mor[gage, promissory noF~ or other docun~ent incident [o a honae hmprove]men[ transaction. (12) Pre~armg or aecee~u~ ~ anv~ ruort~-~o'e._ ~,.~ . pro,nisso~-y no~e, or other evidence of indebtedness upon the ob!i~ations of a home hnprovemen~ transaction with knowledse that it recites a ~reater lnouotary obli;p, tion than the ago'ced consideration for the home ~mprovement %V O r k. (13) Directly or indh'ectly'publ{shed any odvertisement relating to home which contains an asserUon, representation or statement of x:.hich is false~ necepLi~.e, or n2is]a'~d~ng, provided that any adverHseme~t which is subject to ~nd complies with tlne then ex,sting rules, deemed false~ deceptive or misleading; or b~ a~s .............. or purporting to offer the general public any home improvement work with tl~e intent not to accep~ contracts for tNe particular work or a[ the price ': ' is adverlised or ot~e~ed ~o the pubNc. o_a~.~on of ~he bu~l~in~ (14) lVil!f~l or de]~oera~e disregard and vi ] " ~i*'e and health laws of t'he ..... County, or S..a~e. (t5) Failure to notify the Building Inspector of any change or'control in ownership, m~agement or business name or location. (16) Ccho~'-,Jcting a home in~provement business in any name other ~mn one_ .in',v~Jzcn'-' ~ the' l~ome improvement contractor xs' hc=,.~d.' (C) ~ ~ A'OCeQU re. (t) The Licensin~ Review lBoard shal~ ]save the ~g~t to de~erm{ne w~_e~ner or not ~t xvi]t ~ake 3urxsd_c~on of any complaint submitted to i~. Ns event it shall deny jurisdiction, such de~ermina{ion sha!lbe in writing, and ~ copy ..... 11 ou m~.~ed to h_e comp!ainant. (2) If me I~censing Review '~oard upon reasonable c~use should believe t.~:a[ any licensee ]nas ',dOiaL,_d a~y of t~_~ provis{ons ~f ~h' ~ sha]t have the poxve~- to n~ake such investigation as it shall deen~ ~ecessary or advisable. (3) There shall oe no reconuneno::~hon Lloa~ a license be suspended or - ~ ..... ' ~ -' n~e hlce~sl~g Neview ]'oo~rd upon written r~vo~_ed un~l azte~ a hearing had before ~' '' ~' ' ~ ~ - notn~-e to me licensee of [~t least ~en aajs. Soon notzce snaA Specify the time and p~=ce of the ]~eamng and ~nat the purpose of the hearing is to determine waeh_er a ~ ~ -' ~ L~iOIC!OP. Such no{ice o~dl be :served personnN_y or certified meiI~ recJrn receipt requested~ gddressed ~o ~ ,e place ef business of the licensee. 'fhe licepsee aha any other interested party '-~ ' ' opFo, ~uhzty [o be heard. A._~[e~o~s. ~ ~I)Nie record of ~e hearing may be taken aud preserved. 'fhe rc~o~ne~dal]on of %he Licensing ?R. ev[ew Board shall ~e in ~ .... !~ Ot a- a~d shall specify [be S~-'ound or ~rou~us upon ~¥h]ch it is based. In ~{ - recon~menda~ion, lhe Licensing ~.eview Board n~ay accep[ a ~vriLLen assurance of a ao~pron~ise be[~veen [he pari. ies. ~ ~0-10. Suspension or Revocalion of License. (A) '[U~e 7~own ]~oard sha]! have 1he pod,var Io revoke a license if ii al[er a public hearing as herein~i, er provided~ ~]~af Ibc licensee is unfif or undesirable [o carry on the hon~e i~proverneni busi~ess or is incapable of prope~'ly co~duc[ing such no,ne hn~rove~en[ business. The ?own ]3oard ~_nall have pov~er [o sus!~end a license if ii deler~ines~ al[er a public hearing as herei~3after provided~ thai [.]~e ]ice~see has been guilEy of a~_y ac~ or circu~-ns[ance set for[h in SeclionG0-1U~) of'~his Chaplet. (]5) If [he Tow~ ~oa~d de[er~incs ~o bold such a hesrinz~ ii shall notify [he lice~see II, at a hearing will be held before [he To~vn ]5oard [o delern~ine ~vhet]~er his license should be s~spended or revoked. Such notice shall specify the th~e a~d p!aae of the hearing and the ground or g~'ou~ds for suspe~sion or revocaEion which will be the subject of ~he hearing. Such no[]ce s]~all be in ~vritinz, shallbe served at lease ten days prior to the dale of [he be~rinz~ and shall be s-erred personally or by certified ~ai!, refurn receip~ reques~ed~ addressed ~o the place of business of i]~e licensee. A~ such hearing [.he licensee, and any other ]nEedles[ed par~ shall be given a reaso~able oppor[u~i[y lo be hea~d. 'fhe decision of the 'l~own ~oard shall be in ~v]~d~]og~ s]~all specify the grou~d or group, ds upo~ which the dec]sion is based, and s~na]l be final and eonc!usive. !f [he 'l~o~-~n ]3oard de[er~ines ~ha[ [he license of a licensee should be suspense]ed o~~ revoked~ the ~ro~vn ]3oard s]~all direc[ the ]3uild]ng Inspector [o ~o[]fy the app!ican~ float his license is suspe~ded or ~evo~ed. Such ~3otice shall be se~ved personally or by certified ~ai]~ re[urn receipt raq~es[ed~ addressed [o place of busi~ess of []3e licensee~ 2~ licensee shall h~n~ediate'ly surren,Jer his -9- license to the ~uildin~ ~oard. § 50-11,. Violations. ~"'~ (A) Any person who shall conduct o~' ensage ~n any holne ~mprovement business without herin2 obtained a license therefor, in violalion of [his Chapter, or who s~_ll con]ut[ or em~ase in any home improven~en[ hush, ess wlg~e ~:is liuense is suspended or revoked, in violation of this Chaplet,. shall be gu{Ry of a violation of this Chap[er, and upon conviction shallbe punishable by a fine not exceeding two hundred fifty ($250.00) or by imprisonment for not more than fifteen (!5) days, or both, for each and every violation. (B) Each a~d every home improvemen[ contract eh'cereal leto or undertaken or performed by a home improvemen[ con[rac[or wi[kou[ having obtained or mainlained in effec~ alicense therefor, in violation of [his Chaplet: shal!be deemed a separate viola[ion of this Chap[er. 50-!'2. Validity. The fnva]idity of any section, ~ot invalidate any other section~ 50-13. Reciprocity. subsection or provision of this Chapter shall suhsection or provision thereof. 'Any hon~e improvement contractor -whose' prN~cipal place of business is located in the 'l'ovvn of }~ast l~ainpton, Tcwn of Riverhead~ Town of SheRer Island, or To~vn of Soui:hamp[on, or in a~y incorporated v~tlage within the 'Fo~,n of Sou~hold or wit]~in any of the aforesaid towns, and who holds a license issued by such [cwn or village fn which his prh0cipal place of business ~_s loealed, permitiing him [o application fee provided.for ~n this Chapter~ and shall he enti~!ed to a license under /his Chapter without payn~ent of such'applicaUon fee~ upon filing with his appNcation satisfactory proof ~hal he meets ~he foreaoing condRions. (B) The application fee exemption provided for in~ection 50--!3 (A of this Chapter shall apply only [o a home imp~'ove'ment contractor v.d~ose principal place of busf~ess is 'located in any such town or vft]a~e which has adopted a local ]a~,v or ordf~a~ce co~/aini~:~ a reciprocal prcvfsion applfcab]e to borne inn~rovement contractors i~aving []~eir principal place of business fn t]~e area of the Town of Sou~hold outside the incorporated vi!]ages [herein. ~ 50-14. }~ffective Date. 'rials local ~aw slaal! take effect ten (i0) da),s af(er its adoption, and s}~a]l not apply [o]~onae in~provemen[ contracts entered into before such date. (Fiml adoption hy loeaI legislative Body only.) i. [ hereby certify that the local law annexed hereto, designated as local law No ....... ~ .......... of of the ~-x of ........ ~.o~Jn~d ....... was duly passed by the Southold Town Board Town ...................................................... x ..................... ~ (N .... f Legislative Body) on ........... ~!~..2~ ............ 19.~... in accoMance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive 0ffieer or repassage after disapproval.) 2. I hereby certify that the In'al law annexed hereto, designatedasIocallawNo ..................... of 19 ........ County City of the Town of ...................................... was duly passed by ............................................................................................ Vill age tN ..... f Leglslati,~e Body) not disapproved on .................................................. 19 ........ and ',vas approved by the ....................................................... repassed after disapproval Elettlve Chief Executive Officer and was deemed duly adopted on ........................................................ 19 ......... in accordance with the applicable provisions of law. (Final adoption by referendum.) 3. I hereby certify that the local law annexed hereto, designated as Iocal law NO ................... of i9 .......... County of the TownCity of ...................................... was duly passed by the ...................................................................................... (X~m~ of Legislati*e Body) Village not disapproved on ................................................... 19 ........ and was approved by the ............................................................... repassed after disapproval Elective Chief ~xecutlve O£ficer on ...................................................................... 19. ........ Such local law was submitted to the peop}e by reason of a mandatory permissive referendum and received the affir~native vote of a majrxrit7 of the qual-ified elecrors voting generaI thereon at the special election held on ...................................................... 19 ......... in accordance with the appli- annual cable provisions of law. (Subject to permissive referendum and final adoption because no valid petition filed requesting referendum.) 4. I hereby certify that the local law annexed hereto, designa~edas local law No ................... of 19 .......... County City of the Town of ...................................... was duly passed by the ................................................................................ on (Name of Legislative Body) Village not disapprc red ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disa pproval r~ti,-~ Chief Executive Officer ............................................................ 19 ......... Such local law being ~ubject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ...... , in accordance with the applicable provisions of law. *Elective C]~ie£ Executive Officer means or includes the chief executive o£ficer of a county elec.,'ed on a couaty-~vide h. as~s or if they,: he none the chairman of the hoard of superiors, the mai:or ora city or village or t~m supervisor of a town, where suei~ officer is vested ~ith po~ver to approve or (City Ir~cal lr'.~' conccrnin~ Cimrter revision pro?osed by petition.) ~. [ nareD),certlf)'iha[ lhelocal ]awannexed herelo,~a~ignatedas~oca! ]aw~o. ~f 19 of the C~ty of ......................................................................... having 1~.~ . . ~ 36 ' proxusmns of [ 3~ of Lhe ~unic~pai llome Rule Law and hex;lng received the affirmative vote of a majority special · of the fsmlifJed electors of such city voting thereon at the general election held ............... t9 ........ },ecame operative. (Cou'nty local Iaw concernh~g adoption of Charter.) 6. I lsereby certify that thelocaI law annexed hereto, designated as Local Law No ....... of 197 .- . of tl~e County of ........................................ ,Siaie of New York, havh~g keen submitted lo the }E]eclors General Election of November .......... , 19 ......... , pursuant to subdivfsfons S and 7 of Section 33 of the Muni- cipal Home Rule Law and having received ihe affirmative vote of a majority of the quali~ed eleclo~ of ci~ies of said county as a unit and of a majority of the auali~ed eleclors of ihe lowns of said county considered as a unit voting at said general election, became opcraiive. (If any oilier authorized [orm o[ fiuaI adoption has been followed, please provide an certification.) [ fresher certify ihat I have colrpared the preceding local law w:.th the original on [i]e in this office- and that the same isa correct transcript therefrom andofthe whole of such original ]ocallaw, and was finally adc, pled in the manner indicated in paragraph .... C~ .............. gE, ore. Clerk o! t~e .Board c,[ Supezvhsors. City. Tewn or Village Clerk or Officer ~e~ignated by Local Leg~s]a;ive Body J~dith T. Boken, Town Clerk Date: June 25, 1975 (Seal) (Certification to be executed hy County Attorney, Corporatio~ Cev. aset, Town ,\ttur re.v, Vi._]Iage Attorney or ether s_utl or.~z ~'d Allot'ney o£ locality.) STAT'E OF ~ COUNTY OF---.S-..-"-t::ki.OLI<2 ........................ I, the undersiihnecl, hereby certify that the foregoing local law contains the correct text and that ail proper proceedings have been had or taken for tbe enactment of the local lax',, anne.',ed hereto. 'a'~:~ o'~ o.~-:;i-/ob ert W. Tasker, Town Atto: ~i];~X of ...... ~ouil~old Dat,:d: June 25, !975 LOCAL LAW #4-1975 .- PUBLIC HEARING Public Hearing was held at the Office of the Super- visor, 16 South Street, Greenport, New York on May 27, 1975. Present were Supervisor Albert Martocchia, Justice Martin Surer, Justice Louis Demarest, Coumcilman James Rich, Councilman James Homan and Justice Francis Doyen. Supervisor Martocchia opened the hearing at 3:10 p.m. Councilman Homan read the notice of hearing. PUBLIC NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 6th day of May, 1975, Local Law No. 4 of the year 1975, entitled "A Local Law providing for the licensing of home improvement Contractors in the Town of Southold." Said Local Law provides for the licensing of home improvement Contractors; excludes contracts for labor and material of less than $500; provides for an annual license fee of $10.00; provides that such license shall be issued by the Building Inspector; provides that a denial of a license by the Building Inspector may be appealed to the Town Board; provides for a licensing review board to hear complaints and grievances and to make recommendatmons with respect thereto to the Town Board; provides for the suspension or revocation of a license by the Town Board after a hearing; provmdes for a fine or imprisonment for a violation of such law; provides that any home improvement Contractor whose principal place of business is located in the Town of East Hampton, the Town of Riverhead, the Town of Shelter Island or the Town of Southampton or in any incorporated village within said Towns or the Town of Southold who holds a home improvement Contractor's license issued by any said Towns or Villages shall be exempt from the application fee provided by said Law, and shall be entitled to a license under said Law. Copies of said Local Law are available at the office of the Town Clerk to any interested persons during business hours. NOTICE IS FURTH]~R GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Supervisor's Office, 16 South Street, Greenport, New York, on the 27th day of May, 1975, at 3:00 o'clock P.M., at which time all interested persons will be heard. Dated: May 6, 1975 ALBERT W. RICHMOND TOWN CLERK Councmlman Homart: I have proof of publication from the Suffolk Weekly Times. I have proof of publication from the Long Island Traveler - Mattituck Watchman and I have a notarized statement that this has been posted in the Town Clerk's Office. Supervisor: You have heard the reading of Local Law #4 advertised for today's hearing, the legal posting. I would like to open up the hearing for comments on it from our con- stituents as to how they feel about it and I would like to Public Hearing -2- May £ 1975 hear first from the people that are in favor of the Town Board going along with this Local Law #4 known as the Home Improvement Law. Those that are opposed will have the opportunity immediately thereafter. Robert Hyatt: I happen to be in favor of this. I have been in the building business for thirty years strictly in the Town of Southold amd I feel that our building department has maintained its office early and I think it serves our building needs very well and I feel that we should be represented locally. When we might have problems it is convenient to go to our building department. I am talking in reference to County licensing as compared to Town licensing. I cannot see a County license for a builder of my stature because I do not serve Suffolk County and I, also, do not believe in building out and building out for various offices representing various businesses. I think if we can keep within the confines of home rule we will end up being able to serve the public much better as far as building contractors are concerned. I am very much in favor of a local law through our own building department. Supervisor: Thank you, Mr. Hyatt. Is there anyone else wishing to speak in favor of this proposed law? Curtis Horton: My name is Curtis Hor%on. I am in partners with the firm of Midgley and Horton and I am in favor of this Town law being enacted. I think we should have our own rule. We hear alot of talk about Peconic County seceding from Suffolk Cottnty or whatever you want to call it and I think this is one step in the right direction. We are going to control our own laws which we should do. We have a very adequate building department that does a terrific job, I think personally, and they can more than handle this situation. Supervisor: Thank you, Mr. Horton. Anyone else wish to speak in favor of this proposed local law. Has everyone had the opporunity to speak in favor of this proposed law. Robert Tuthill: I am not really in favor of licensing at all actually but when it comes to a point of the choice between County and Town I will back the Town Board and go along with their rule in opposition to a County law. Supervisor: Is there anyone else in favor? We have a few contractors out there and we would like to hear from you. We would like to get the pulse of our local people. Is there anyone who would like to speak in opposition to this proposed local law for home improvements. Has everyone had the opportunity to speak in opposition that wants to speak? Hearing none, the floor is open for either way if you have some thoughts you would like to discuss for or against to give us more imput we would be glad to listen. Hearing none, we wmll call this hearing to a close and thank all the contractors that are here. Public Hearing -3- May , 1975 Motion was made by Councilman Rich and seconded by Councilman Homan and carried that the hearing be closed. The Supervisor directed that the following letter be made part of the minutes. May 23, 1975 Southold Town Board Gentlemen: At a meeting of the Building Inspectors of the five (5) East End Towns, Friday May lb, 1975, it was unanimously agreed to submit the following objections and comments on the proposed local laws pertaining to licensing of home improvement contractors by the five (5) Eastern Towns: 1. It will require the services (and payment) of an investigator and secretary to check applicants, keep records, issue licenses and renewals, receive complaints etc. 2. The five hundred ($500.) dollar exemption must be eliminated. There is no way to accurately determine a $500. value, it would be 'snap judgment' on the enforcer's part to set such a value. Everyone works on his own system, wages, markup, etc. This dollar value would be practically impos- sible to enforce. 3. Small jobs bring inexperienced people trying to do work they are not qualified and insured to do. 4. The County still has their licensing law on the books, and will be able to collect their licensing fees, unless their law is rescinded or amended. This will cause more confusion all around particularly with the villages. The County will be getting complaints as well as the Towns, thus causing more confusion. We feel the County is in a better position to handle the whole matter; a reduction in their fees seems to be the best solution. 5. Local licensing is ap~ to bring us a rash of unjustified complaints as it has with the County system. These will have to be checked out and it all takes time and record keeping. 6. If a local home improvement licensing law is adopted, it should include condominiums (single ownership dwelling unit) and other residential occupancies (multiple residences - apartments, etc. as many tenants have work done at their own expense. 7. To get a basis or standard to judge complaints by a full building code, a full housing code, and possibly some supplemental ordinances will be required and permits required for all work. Public Hearing -4- May 2 1975 8. Licensing should be done by a Board, not an individual, this will tend to eliminate any claim of favoritism, descrimination, etc. 9. None of our building departments have room in our quarters to handle another assignment which would tend to take up room for desks, files and the details connected with the licensing operation. 10. The proposed local licensing law would be 'opening a can of worms', not only giving a cheap license to outsiders to do work in the East end, but the confusion that will go with it. In the process of trying to enforce the law, the conflicts and confusion will probably let a violator get off free. 11. We find that none of the five (5) east end building departments were consulted about the proposed local law before it was drafted and put out £or a hearing. 12. There will have to be a clarification between the County licensing requirements and procedures and the local one if adopted. 13. The proposed loca law will have to be adopted by all five towns and their villages to make the proposal work. If the Villages don't agree and go along with the proposed local law, the County will still claim jurisdiction over the villages, and cause more confusion. 14. There may be something in the finance law whereby if we have the proposed reciprocal license, we may have to split the fees also. 15. There should be a professional Engineer or Registered Architect on the Review Board rather than a home improvement contractor, one who will have a professional outlook and not be sitting in judgment of a competitor's work. I submit the above for your consideration. /s/ Howard Terry, Building Inspector Respectfully submitted, Muriel Brush, Secretary NOTICE OF 'PUBLIC of by g '.of' such law; provides, that ~ any home improvement Contractor whoee principal phce. of...business is . locat~ in 'tbe Town of~.East Hampton,'-. the .Town-.. Of Riverhead, the Town. og Shelter Island. or~ the Town'- of Southampton or in any in- corporated village wi'thin~ said Towns or the Town of-stmthold ' who holds a home improvement any said Towns,or Villagm~ttl · fee provided by said Law, and shall be' 'entitled' to a' 'license under said Law.. ..... CoPi~ of said local Law are av~ilsble at the office of'tbe Town ' Clerk fo any' interested persons .. NO IC IS FURTm R,vzN, ~hat the Town Board of the Town of Southold will hold a P~.....li_c hearing on the aforesaid .~ Law at the SUpervisor's Office, 16 _ -' York, on the--27th day of May, 197~,. at 3:00 o'clock P.M., at which 'time all interested persons Dated' May 6, 1975 ALBERT W. 'RICHMOND, 1TM15 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss' ...... .S.~u..av.~..C.o...D?.~..m.a~ ............. being duly Sworn, says that .... h~ is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at G'reenport, in said county: and that the n'otic~, of which the annexed is a printed copy, has been published in the said Suffolk Weeki~ Times once in each week, for ..... O.b.e...[~.). .............. weeks successively commencing on i/he . .F.~.~..~.e.e..~1.~.~. ............. day of .~9..7 5 Sworn to before me this .....~. .... .......... clay of ........ . .v .~~ ~"' ........... ......... / .-~ ' t~ ' ~'~. ~,,..*~t,~ .~ 4 ~',~.w. ~ '.~l., ....... · " '"--,',; [::,,C,:'e~, Mooch', 30, 1977 *OTICEOF PUBLIC HEARING ON LOCAL LAW PUBLIC NOTICE is hereby giver~ that there has been present- ed to thc Town Board of the Town Southold. Suffolk County, New York. on the hth day el May. lOTS. Local Law No. 4 of the year IqTS, entitled "A Local Law providing tbr thc licensing of home im- provement Contractors in the Town of Southoid." Said Local Law provides for the licensing of home improvement Contractors; ex- eludes contracts for labor and material of less than $500; provides for an annual license fee of $10.00: provides that such license shall be issued by the Building Inspector: provides that a denial of a license by the Building Inspector may be appealed to the Town Board; provides for a licensing review board to hear complaints and grievances and to make recom- mendations with respect thereto to the Town Board; provides for the suspension or revocation of a license by the Town Board after a hearing: provides for a fine or imprisonmen! for a violation of such law; provides that any home improvement Contractor whose principal place of business is located in the Town of East Hampton. the Town of Riverhead, thc Town of Shelter Island or the Town of Southampton or in any incorporated village within said Town s or the Town of Southo[d who holds a home improvement Con- tractor' s license issued by any said Towns or Villages shall be exe .rapt from the application fee provided by sa id Law, and shag be entitled to a license under said Law. Copies of said Local Law are available at the office of the Town Clerk to any interested persons durinR business hours. that the Town Board of the Town of Southold will hold · ll~¢ hearin g on the afo~id ~l.~w at the Supervisor'a~ O~[i~_/¢l 6 South Street. Gr~enP~a't~' ~ York. on the :7th day o~ o'cl~:k P.M-. aJ,.~/'.{~ .flume all inter, ted p~rll~ i ~{{~..~a Date~~. May 6,, ;l~ ' - ' gtLBERT W. RICPlMOlqD, TOWNCLERK IT-S/IS COUNTY OF SUFFOLK t ss: STATE OF NEW YORK i Sherley Katz. being duly sworn, says that she is Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watchman once each week for ................................ /- .............................. weeks successive{v, commencing on the ............. t.:.r~ ..................... day of ...................... .'~.£ .~.-¢..., // ' 1/ Sworn to before me this ......... .,~.~..-.~-.... day of .................