Item J8BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21, 2011
Bulk Item: Yes X No
Division: Growth Management
Department: Building
Staff Contact Person/Phone #: Lisa Granger
305-292-3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
Ordinance amending Sections 6-56, 6-201, 6-240, 6-267 and 6-270 of the Monroe County Code to
clarify the jurisdiction of the Construction Board of Adjustment and Appeals and amend its
composition, restricting renewal of licenses when fines/costs are unpaid, setting meeting frequency,
clarifying fines and costs.
ITEM BACKGROUND: The Contractors Examining Board and County staff have made several
recommendations for changes in the code related to: the Construction Board of adjustment and
appeals; Contractors Examining Board; and have asked that various sections of the code be revised to
reflect those changes and to make the code easier for the public to understand as demonstrated in the
attached memorandum. These changes have been discussed with the Contractor's Examining Board.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No
COST TO COUNTY: n/a SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MEMORANDUM
MONROE COUNTY GROWTH MANAGEMENT DIVISION
We strive to be caring, professional and fair
To: Board of County Commissioners
From: Lisa Granger, Assistant County Attorney
Through: Christine Hurley, Director
Growth Management Division
Date: September 1, 2011
RE: CEB Proposed Ordinance
This memo clarifies the amendments the proposed ordinance is addressing:
Section 6-56 Construction board of adjustments and appeals.
1. Correcting membership of Construction Board of Adjustments and Appeals
(CBAA)
2. Clarifying CBAA does not perform functions of Contractors Examining Board
(CEB)
Section 6-201 Disciplinary proceedings.
1. Clarifies administrative fees for investigating and resolving complaints for
licensed and unlicensed contractors found in violation?
Section 6-240 Fees.
1. Raises fee for delinquent renewal from $40.00 to amount equal to renewal fee.
2. Eliminates requirement for contractors to appeal before CEB if the contractor is
delinquent on license fee requirements for 4 years or less.
3. Add as a requirement that contractors who owe any fines and/or costs may not
renew their license until they the outstanding fines and/or costs are paid in full.
Section 6-267Meetings.
1. Eliminates specific months CEB is to meet but maintains 4 meetings per year.
Section 6-270 Powers and Duties.
1. Amends CEB powers and duties to allow them to determine building code
violations and to set fines between $500 - $5,000 per violation.
2. Clarifies: repeat violators must appear before CEB: a repeat violator is one found
in violation more than once; and that repeal unlicensed violators may be referred
to the State Attorney.
3. Clarifies appeal option to citations and that fines unpaid may result in lien. Allows
County to seek injunctive relief.
ORDINANCE NO. -2011
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING CHAPTER SIX, SECTIONS 6-56, 6-201, 6-
240, 6-267 AND 6-270 OF THE MONROE COUNTY
CODE; CLARIFYING THE JURISDICTION OF THE
CONSTRUCTION BOARD OF ADJUSTMENT AND
APPEALS AND AMENDING ITS COMPOSITION,
RESTRICTING RENEWAL OF LICENSES WHEN
FINES ARE UNPAID; SETTING REQUIRED
MEETING FREQUENCY; CLARIFYING FINES;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the powers, duties and jurisdiction of the Monroe County Contractors
Examining Board is set forth in Chapter Six of the Monroe County Code of Ordinances, and
WHEREAS, there exists ambiguity between the jurisdiction of the Monroe County
Constriction Board of Adjustment and Appeals and the Contractors Examining Board, and
WHEREAS, various amendments are necessary to clarify such ambiguities, to clarify the
penalties that the Contractors Examining Board may assess, to amend the composition of the
Board of Adjustment and Appeals, and
WHEREAS, various other amendments are necessary to update and clarify the chapter, and
to bring the chapter into conformity with Statutes of the State of Florida, and
WHEREAS, the Contractor's Examining Board has requested that these revisions be made
and be placed before the Board of County Commissioners for approval,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The language in Section 6-56 of the Monroe County Code is hereby amended to
add a new Section, (a)(4), and amend Section (b)(1) and (b)(2) as follows.
Sec. 6-56 Construction board of adjustments and appeals.
This Board shall not serve as the local constriction regulation board.
The Contractor's Examining Board shall serve as the local constriction
regulation board and the powers and duties of the Contractors Examining
Board are defined in Chapter 6, Division 3, Section 6-263 through Section 6-
270.
(b) Membership, appointment, removal, terms and vacancies:
(1) The constriction board of adjustment and appeals shall consist of at
least seven, but not more than e ten members. Members shall be
appointed by the board of county commissioners.
(2) The constriction board of adjustment and appeals shall consist of all
the members of the contractors examining board, with the exception
of the two alternate members as provided for in Section 6-263(6) plus
one registered architect and one registered professional engineer
Section 2. The language in Section 6-201 of the Monroe County Code is hereby
amended in Subsections (d)(7) and (e)(3) and to delete subsection (h) in its entirety as
follows:
Sec. 6-201 Disciplinary proceedings.
(d) A decision shall be made by the examining board by a majority of the board
within five days after the close of the hearing and delivered to the contractor.
For licensed contractors, the decision shall be one or more of the following:
(7) Finding of violation, linposition of an administrative fee for all costs
incurred by the county building department, county code compliance
department and the county attorney's office in investigating and resolving the
complaint that gave rise to the disciplinary proceedings, ;A4iieh ad in st+a- v
gr-ea4e .
(e) A decision shall be made by the contractors examining board by a majority of
the board within five days after the close of the hearing and delivered to the
contractor. For unlicensed contractors, the decision shall be one or more of
the following:
(3) Finding of violation, linposition of an administrative fee for all costs
incurred by the county building department, county code compliance
department and the county attorney's office in investigating and resolving
the complaint that gave rise to the disciplinary proceedings, hieh
,
N'hi .h gr-eff4
(h)
eansider-4ion of gtidelines Rtily adapted b rho C-014tr-aEter^ &.,,,,,;ning
2
Section 3. The language in Section 6-240(b) of the Monroe County Code is hereby
amended as follows:
Sec. 6-240 Fees.
(a) The board shall recommend to the board of county commissioners reasonable
fees to be paid for application, examination, certification and renewal, and
record making and recordkeeping. The fees shall be established as follows:
Business and law exam $55.00 $100.00
(b) The renewal fees shall cover two years, and the certificate of competency
shall be issued for two years. The renewal fees shall be due on October 1 of
each odd -numbered year and shall be delinquent on November 1 of that same
year. The penalty for late renewal on or after November 1 of each odd -
numbered year, but prior to the expiration of 12 months thereafter, shall be
$40.00 equal to the renewal fee.
2-4-2. A license shall not be renewed if there are any unpaid fines or
administrative fees including license fees, permit fees, fines and/or
administrative fees issued by the Contractor's Examining Board.
Section 4. The language in Section 6-267(a) the Monroe County Code is hereby
amended to read as follows:
Sec. 6-267 Meetings.
(a) The examining board shall not hold less than four regular meetings each
fiscal year arming tit4hweek in Oetaber-,,an April and i jul .
Section 5. The language in Section 6-270 (a), (c), (d), (e), (f), (g), (h), (i) and 0) of the
Monroe County Code is hereby amended and subsection (a)(5) is hereby added and shall read
as follows:
Sec. 6-270 Powers and duties.
(a) The examining board shall be the local constriction 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 ai4iele
chapter and to fix the length of time for such suspension;
(2) To call upon members of the industry to advise and assist it;
(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 12 months, been found by the local constriction
regulation board of any other county or municipality to be guilty of
fraud or a willful building code violation that 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.
(5) To determine that a licensee, certificateholder, or registrant licensed
under Chapter 455, Chapter 471, Chapter 481 and Chapter 489, has
committed a material violation of the Florida building code and failed
to correct the violation in a reasonable time. In such case a fine may
be imposed in an amount not less than $500.00 and no more than
$5,000.00 per violation. The violation may be disputed asset forth in
Section 553.781 (2)(b)Florida Statutes. For purposes of this section,
a material code violation is a violation that exists within a completed
building, stricture, or facility which may reasonably result, or has
resulted, in physical harm to a person or significant damage to the
performance of a building or its systems. Except when the fine is
abated as provided in Florida Statutes 553.781 (2)(b), failure to pay
the fine within 30 days shall result in a suspension of the licensee's,
certificate holders, or registrant's ability to obtain permits within this
state until such time as the fine is paid.
4
(44 (c)
u4amey's-ia freerorC�'iminal pr-aseccTtafi. All Nl b'lrc" iafis scrb.secrcief44 a e
A citation for a repeat violation
shall require appearance before the Contractors Examining Board. A repeat
violation is af+�, violation after the imposition of a fine or other
f:tie has heeti issti d e disciplinary action for another violation. has beeti
.. hero rho Pe. F. had diseipli al= 6601 �. Ee . s� hi
A violation shall be considered a repeat violation:
Regardless of the chronological relationship of the acts underlying
the various disciplinary actions; and
Regardless of whether the violations in the present and prior
disciplinary actions are of the same or different provisions of this
chapter.
3 Repeat violations of unlicensed activity may be referred to the state
attorney's office for criminal prosecution by motion of the contractors
examining board.
eee�r�ear.��eses .MET
..
.... ........
(d) Any party receiving a monetary citation f;fod pti -stia i* *a *his see4e4 may
appeal to the contractors examining board
by
filing a notice for hear-ing appeal with the contractor license coordinator
within ten days e€r-ee 8
e of a citation.
(e) The contractors examining board may impose an admit is*r-4;,,e fine e"
pei4alt�,, as and shall impose an administrative fee pursuant to the
provisions of sections 6-201(d)(5-7) and 6-201(e)(2- ) or this section for any
violations of this chapter
~+s s+a4e' i~ she fi~e s,.> edtil i~ �his e6e upon afinding of violation
Upon a finding
that probable � beli ,,e such violation has occurred, the board shall
deny the appeal, make a finding of violation and impose a an ,,dmit i s*r�*�=�
fine a eivil pen4t�� in an amount not less than the amount listed in the
citation and no more than the amount of the fine pessible authorized under
this chapter and shall assess an administrative fee *s of
stipplies ~ f�, *e ~r s *he a~~ gThe board at its discretion may
reduce the amount of the ,,,aminis*r-4 ,,e fine or civil penalty but not the
administrative fee upon a finding 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 in a monetary
citation shall correct the violation and pay the fine in the manner
indicated on the citation unless an appeal is filed by the person charged
(g) If the fine is not paid within the time period required on the citation i-ft
„bsee6a « of *his see or ordered by the board upon appeal, and if ne
the board's
secretary shall cause a
appr-aval*a file as a notice of lien to be filed in the official records of the
county . The lien shall run
against any real or personal property the violator may own. The lien may be
foreclosed in accordance with F'�4Florida Statutes.
(h) Upon any final judgment foreclosing such lien, the court shall award to the
board County 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 in this section, the
bear-d County may seek the imposition of injunctive relief and/or a civil
penalty through the circuit court for any violation of *he iie6ee *e eease and
6
desist. The civil penalty shall be no less than $500.00 and no more than
$5,000.00 for each offense. The Court may 64+a4 award to the County d
all costs as a result of this violation, including investigation costs, filing fees,
court costs, and reasonable attorney's fees.
�)
*trim ale-cadmini4er-ed b she board and she building de. en*,,-c^cr"id T+his
article see6eiiconstitutes the exclusive statement of the board's authority and
jurisdiction, and does not confer any powers not specifically granted.
Section 6. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 7. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rile code or regulation, the more
restrictive shall apply.
Section 8. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an amendment thereto.
Section 9. Effective Date.
This ordinance shall be filed with the Department of State as provided in § 125.66(2), Florida
Statutes and shall be effective as provided by law.
(Remainder of page left intentionally blank)
7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
I0
Deputy Clerk
By
Mayor Heather Carruthers
'ATTORNEY
e