Will v. City of Erie
Will v. City of Erie
Opinion of the Court
Jeffrey Will and Connecto Electric, Inc. (collectively, Will) appeal from an order of the Court of Common Pleas of Erie County (trial court) affirming the Electrical Contractors Examining Board of the City of Erie’s (Board) decision to revoke Will’s electrical contractor’s license.
By letter dated December 19, 1997, the Board charged Will with performing electrical work without first obtaining the required permits in violation of Section 1711.03 of the City of Erie’s Electrical Contractor’s Licensing Ordinance of 1973 (Ordinance).
Will appealed the revocation of his license to the trial court, which, while affirming the finding that the violation had occurred, remanded iback to the Board for development of a record regarding the revocation. On remand, the Board introduced into the record three notices it received regarding alleged violations of the Ordinance by Will. It also introduced a previous Opinion and Order of this Court affirming a 30-day suspension of Will’s license for a 1990 violation .
Aside from his contention that there was not substantial evidence to support his revocation,
What this case involves is an interpretation of the provisions of the Charter Law. That law was enacted by the General Assembly to give “cities of the third class the right and power to adopt one of several plans of optional charters
Article III of the Charter Law, 53 P.S. §§ 41301-305, contains common provisions applicable to all optional plans. As to whether Erie has the power to enact an ordinance providing for the revocation of a license, Section 303 of the Charter Law
(1) Organize and regulate its internal affairs, and to establish, alter, and abolish offices, positions and employments and to define the functions, powers and*569 duties thereof and fix their term, tenure and compensation;
(2) Adopt and enforce local ordinances;
(2.1) Impose penalties of fíne not exceeding one per month on a property and limited to no more than one thousand dollars ($1,000) for the first two continual and uncorrected violations and not exceeding five thousand dollars ($5,000) for the third and any subsequent continual and uncorrected violation of the same subsection of a building ordinance, housing ordinance, property maintenance ordinance, fire prevention ordinance, electrical ordinance or plumbing ordinance on the same property, unless the violation is found to pose a threat to the public’s health, safety or property, then penalties of fine may be provided for as follows:
(2.2) Impose penalties of fíne not exceeding one thousand dollars ($1,000) or a term of imprisonment not exceeding ninety days, or both, for violations of any section of any other ordinance.
Will contends that Subsections 2.1 and 2.2 of this provision only authorize Erie to impose a fíne of no more than $1,000 or imprisonment of no more than 90 days and, by doing so, it forecloses Erie from giving the Board the power to revoke an electrical contractor’s license as it did in Section 194.08(1) of the Erie Building Code because Section 308 does not specifically allow for the revocation of a fícense.
Even if Erie, as a Mayor-Council Plan-A Optional Third Class City, has the power to revoke an electrical license, Will argues that this form of government specifically provides that only the mayor can exercise executive power of the city
We recognize that the General Assembly intended to confer the greatest power of local self-government, and any specific enumeration of that power shall not be construed to limit the general description of power contained in the Charter Law.
ORDER
AND NOW, this 7th day of December, 2000, the order of the Court of Common Pleas of Erie County entered December 28, 1999, at docket number 11881-1998, is reversed.
Senior Judge JIULIANTE concurs in the result only.
. This opinion was reassigned to the author on October 31, 2000.
. Article 1711, Section 1711.03 of the Ordinance provides:
The application for inspection shall be filed before starting the work, and either the receipt for the application or other evidence that the application has been made shall be displayed on or about the premises where the work is to be done.
. See Will v. Electrical Contractors’ Examining Board, 168 Pa.CmwIth. 535, 650 A.2d 1226 (1994).
. Under Erie’s Building Code, a licensee who has had a license revoked may reapply for a new license after 90 days from the date of revocation. Building Code § 1713.02(n). The effect of Will’s license being revoked only after it was suspended for 30 days is to extend the time that he may seek reinstatement of his license once revoked.
. Act of July 15, 1957, P.L. 901, as amended, 53 P.S. §§ 41101-41625.
. Our scope of review of a local agency decision where the trial court does not take evidence is limited to determining whether constitutional rights were violated, an error of law committed, whether the necessary findings are supported by substantial evidence, and whether the procedures of the local agency were contrary to statute. Mulberry Market, Inc. v. City of Philadelphia, Board of License & Inspection Review, 735 A.2d 761 (Pa.Cmwlth. 1999).
. We reject Will’s additional arguments that the Board's decision lacked necessary findings and was not supported by substantial evidence. Aside from the factual evidence of other violations, Will’s own admission that he did not obtain the permits is substantial evidence to support such a finding.
. No argument is made that Will does not have standing to raise such a contention in an enforcement proceeding.
. See Sections 401-421 of the Charter Law, 53 P.S. §§ 41401-41421.
. Erie Ordinance 40-1973 known as the "Electrical Contractor’s Licensing Ordinance of 1973” created a Board of Examiners of Electrical Contractors and made it unlawful for any ”[p]erson, firm, corporation or other legal entity” to "enter into, engage in, or work in business as an electrical contractor for hire” without first obtaining a license and a certificate therefore granted by the Board. It authorized the Board to "prescribe the conditions of examination of persons applying for a license” from the Board and empowered the Board to "suspend, revoke or refuse any license” if the holder secured a license by misrepresentation; failed to maintain qualifications required by the ordinance; engaged in fraudulent business activities or misleading advertising practices; violated a provision of the ordinance; or committed an act of gross negligence.
. It provides for two optional forms of government: a Mayor Council Plan-A, 53 P.S. §§ 41401-41421 and a Council Manager form of government. See Sections 501-522 of the Charter Law, 53 P.S. §§ 41501-41522.
. See Historical and Statutory Notes to Section 101 of the Charter Law, 53 P.S. § 41101.
. 53 P.S. § 41303.
. Section 194.03(1) of Erie’s Ordinance provides that:
The Board may suspend, revoke, or refuse to renew any license if the holder has: (a) secured such permit by misrepresentation, (b) failed to maintain the qualifications required by this ordinance, (c) engaged in fraudulent business activities or in misleading advertising practices, (d) violated a provision of this ordinance or (e) committed an act of gross negligence.
. Section 411 of the Charter Law, 53 P.S. § 41411, provides in relevant part that “[t]he executive power of the city shall be exercised by the mayor.”
. Section 412 of the Charter Law, 53 P.S. § 41412, provides in relevant part that "[t]he mayor shall enforce the charter and ordinances of the city and all general laws applicable thereto.”
. That section provides that in Mayor-Council Plan-A third-class cities such as Erie, ”[t]he council may provide for the manner of appointment of a city solicitor, any planning board, zoning board of adjustment or personnel board in the city, and may create commissions and other bodies with advisory powers.” 53 P.S. § 41410.
. Section 304 of the Charter Law specifically provides that when interpreting grants of power, they are to be liberally construed in favor of the optional third-class city. It provides:
The general grant of municipal power contained in this article is intended to confer the greatest power of local self-government consistent with the Constitution of this State. Any specific enumeration of municipal powers contained in this act or in any other law shall not be construed in any way to limit the general description of power contained in this article, and any such specifically enumerated municipal powers shall be construed as in addition and supplementary to the powers conferred in general terms by this article. All grants of municipal power to cities governed by an optional plan under this act, whether in the form of specific enumeration or general terms, shall be liberally construed in favor of the city.
53 P.S. § 41304.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.