Item Q06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2006
Bulk Item: Yes X No
Division: County Attorney
Department: County Attorney
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending Sec. 6-90 of the Monroe County
Code relating to buildings and construction and providing a fine schedule and imposition of civil
penalties, administrative costs and liens.
ITEM BACKGROUND:
Upon staff review, several sections of Section 6-90 were found to be inconsistent with Chapter 489. In
addition, the provision allowing for on unpaid fines cited the incorrect Florida Statute and County
Code Chapter and therefore, precluded the use of foreclosure as an enforcement tool. The proposed
amendments align those sections that were previously inconsistent with chapter 489 and provide for
the use of foreclosure proceedings.
PREVIOUS RELEVANT BOCC ACTION:
Section 6-90 was last amended by the BOCC by Ordinance 023-2003
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: N/A
COST TO COUNTY:
BUDGETED: Yes
SOURCE OF FUNDS:
Raw
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management
DIVISION DIRECTOR APPROVAL:
EA. HUT ON, CO ATTORNEY
DOCUMENTATION: Included To Follow Not Required
DISPOSITION: AGENDA ITEM #
ORDINDANCE NO. -2006
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING CHAPTER 6 OF THE
MONROE COUNTY CODE ENTITLED `BUILDINGS AND
CONSTRUCTION" BY AMENDING SEC. 6-90 PROVIDING FOR A FINE
SCHEDULE; PROVIDING FOR IMPOSITION OF CIVIL PENALTIES;
PROVIDING FOR MINIMUM PENALTIES; PROVIDING FOR
ADMINISTRATIVE COSTS; PROVIDING FOR IMPOSITION OF A
LIEN; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners finds it necessary to regulate building
construction practices to further the public health, safety, and welfare of the citizens of
Monroe County; and
WHEREAS, Florida Statutes Sec. 489.127 authorizes local governments to enforce
codes and ordinances against unlicensed contractors; and
WHEREAS, Florida Statutes 489.127 authorizes local governments to establish a
schedule of penalties; and
WHEREAS, Florida Statutes 489.127 authorizes local government to impose liens on
any real or personal property for unpaid fines; and
WHEREAS, Florida Statue 489.131 authorizes local government to enforce it codes and
ordinances, impose fines and require restitution of licensed contractors pursuant to
disciplinary hearings;
NOW, THERFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 6-90 of the Monroe County Code shall be amended as follow*:
Sec. 6-90. Powers and duties.
(a) The examining board shall be the local construction regulation board, and shall have
the following powers:
(1) To determine if a license or certificate of competency of any local contractor should
be suspended for any violation of this article and to fix the length of time for such
suspension;
(2) To call upon members of the industry to advise and assist them;
(3) To determine if a state certified contractor is guilty of fraud or has willfully violated
any of the building codes of the county or has, within the past twelve (12) months, been
found by the local construction regulation board of any other county or municipality to be
guilty of fraud or a willful building code violation which would have been :Fraud or a
building code violation if committed in the county; and
(4) 'To determine if the authority of state certified contractors to obtain a building permit
should be revoked, suspended or limited to obtaining permits with specific conditions and
to set the terms of suspension or conditions.
(b) When the board has reason to believe that any person not licensed by the board or
building official has violated any provision of this chapter which relates to the practice of
a profession regulated by this board or building department or any rule adopted pursuant
thereto, the board or the building official may issue and deliver- to such person a notice to
cease and desist from such violation. In addition, the board may issue and deliver a notice
of cease and desist to any person who aids and abets the unlicensed practice of a
profession and/or contracts with such unlicensed person-
( l ) Code enforcement inspectors acting under the authority of chapter G.3 of this Code
are hereby designated to enforce the provisions of this article-
(2) Code enforcement inspectors as designated above may issue a citation for any
violation of this article whenever, based upon personal investigation, the code
enforcement officer has reasonable and probable grounds to believe that such a violation
has occurred. The citation R)rm shall be prescribed by resolution of the board of county
commissioners and shall contain the following information:
a. The time and date of Issuance-
b. The name and address of the person to whom the citation is issued.
c. The time and date of violation.
d. A brief description of the violation and the facts constituting reasonable cause.
c. The name of the code enforcement officer.
f. The procedure for the person to follow in order to:
(1) Pay the civil penalty or contest the citation for violations; or
(ii) Appear before the contractor's examining board to answer a summons.
(c) The applicable civil penalty if the person elects not to contest the citation, which
penalty shall be pursuant to the following schedules:
Pine .5'c ledlrle:
TABLE INSET:
Kepeat violations ot" unlicensed activity shall be referred to the state's attorney liar
criminal prosecution. A]I violations subsequent to the third violation shall be heard by the
contractors examining board under the disciplinary hearing provisions of this article. A
repeat. violation is any violation on which a fine has been issued or disciplinary action has
been taken where the person had previously had disciplinary action taken against him or
received a letter- of reprimand in a prior case; and said definition is to apply (i) regardless
of the chronological relationship of the acts underlying the various disciplinary actions,
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and (ii) regardless of whether the violations in the present and prior disciplinary actions
are of the same or different provisions of this chapter.
The €ram -shall -be--pai&w the elerle fay -the gee nt . An administrative fee for
costs incurred may be assessed in the amount of the greater often (10) percent afthe fine
or one hundred dollars ($100,00). Monies collected pursuant to this section shall be used
to support administrative costs and future enforcement activities against unlicensed
contractors. The tine shall be paid at the offices of Monroe County Building Department-
(d) Any party fined pursuant to this section may appeal to the contractor's Examining
board for a full meritorious hearing in accordance with provisions of this chapter for
administrative hearings by filing a notice for hearing with the secretary of the contractor's
examining board within ten (10) days of receipt of service of a citation.
(e) The contractors examining board may impose an administrative fine or civil-enalty..
as appropriate pursuant to the provisions of section 6-68(d)(5) and 6-68(e)(2) or this
section for any violations of this chapter by the contractors examining board .and in the
amounts stated in the fine schedule in this section upon a finding of violation when a
citation is contested. Pursuant to this paragraph, the board shall conduct a probable cause
hearing as to the alleged violation- Upon a finding that probable cause to believe such
violation has occurred, the board shall deny the appeal and impose an administrative -fine
or a civil penalty in an amount^riarS'e'nn nn' nit less than
the.arnount listed in the citation and no more than the amount of fine possible under this
chapter and may assess costs of the proceedings, including but not limited to costs of
personnel, equipment and supplies necessary to process the appeal. —net io-eFeted -five
hu-ndf:edAellai (esnn 00) ;,, add-itIon to the- iv4administ,-a,:, penal +y...irmpeseEj pu r-sua-nt
to paragF 1h ( ) of this sect . )-nfar s .-u n 6 68(55 r thee i.ed, tc-e& amoum pui+s}t&ri-t-4-o4 is
the -beard has f i ' i#iga#tng circum4anees- exist- I'he board at i_ts
n discretio_nay reduce- the amount of the administrative line or civil penahrutaan a
tindin� of mitigating circumstances-
(f) The act for which the citation is issued shall be ceased immediately upon receipt of
the citation. The person charged with the violation shall elee! t4her to correct the
violation and pay the civil penalty in the manner indicated on the citation or, within ten
(10) days of receipt of the citation, exclusive of weekends and legal holidays, request an
administrative hearing before the contractor's examining board to appeal the issuance of
the citation by the cede enforcement officer.
(g) If the tine is not paid within the time period required above or ordered by the board
upon appeal, and if rio extension has been granted by the board for good cause shown, the
board's secretary shall advise the board of the failure to pay and obtain approval to rile as
a notice of lien in the official records of the county a certified copy of the order imposing
the fine. The -lien shall run against and real or personal property -the viol —at —Or may awn -
The lien may be foreclosed in accordance with F. S ch- 142 489, and ch. 6-3 6, Monroe
County Code.
(h) Upon any final iudgment foreclosing such lien, the court shall award to the: board all
costs as a result of this violation, including investigation costs. filing fees, court costs,
and reasonable attorney's fees-
(i) In addition to or in lieu of any other remedies provided above, the board may seek
the imposition of a civil penalty through the circuit court for any violation of the notice to
cease and desist. The civil penalty shall be no less than five hundred dollars ($500.00)
and no more than five thousand dollars ($5,000.00) for each offense. The court shall
award to the board all costs as a result of this violation, including investigation costs,
filing fees, court costs, and reasonable attorney's fees.
The provisions of this section shall only apply to the provisions of the code administered
by the board and the building department, and this section constitutes the exclusive
statement of the board's authority and jurisdiction.
(Ord. No. 16-1975, § 6(H); Ord. No. 21-1986, § 42; Ord. No. 46-1988, § 3; Ord. No. 23-
1991, § 1; Ord. No. 32-1993, § 1; Ord. No. 20-1996, § 5; Ord. No. 58-1997, §§ 1, 2; Ord.
No. 8-1998, § 2; Ord. No. 25-1998, § 5; Ord. No. 23-1999, § 1; Ord. No. 023-2003, §§ 1-
-3)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the day of ,
2006
Mayor Charles "Sonny" McCoy
Mayor Pro Tem Dixie M. Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner David Rice
Attest: DANNY L. KOLHAGE, Clerk
By:
Deputy Clerk
Dated
Lo
BOARD OF COUNTY COMISSIONERS
OF MONROE COUNTY
Mayor Charles "Sonny" McCoy
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