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Ordinance 020-2011 ORDINANCE NO. 020- 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 Construction 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. (a) (4) This Board shall not serve as the local construction regulation board. The Contractors Examining Board shall serve as the local construction regulation board. The powers and duties of the Contractors Examining Board are defined in Chapter 6, Division 3 of this Code. 1 (b) Membership, appointment, removal, terms and vacancies: (1) The construction board of adjustment and appeals shall consist of ten members. (2) The construction 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 appointed by the board of County Commissioners. 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; Imposition 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. (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; Imposition 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. 2 Section 3. The language in Section 6 -240 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: General contractor $200.00 Building contractor 150.00 Residential contractor 150.00 Engineering contractor I 200.00 Engineering contractor II 150.00 Engineering contractor III 150.00 Mechanical, plumbing and electrical contractors 150.00 All other contractors, including specialty contractors 150.00 Master (plumbing, electrical and mechanical) 100.00 Journeyman (plumbing, electrical and mechanical) 70.00 Apprentice 30.00 Examination fees Business and law exam 100.00 All hour technical exams 155.00 (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 45 days thereafter, shall be equal to one half of the renewal fee; thereafter the penalty shall be equal to the renewal fee. 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. * * * * * * * (e) Inactive Status shall be requested in writing by a current active license holder on or before October 31 of each odd number year. Inactive status shall only be granted upon the receipt of the written request to be placed on the inactive status and payment of $75 from the current license holder on or before October 31 of each odd number year. 3 Section 4. The language in Section 6- 267(a) of 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. * * * * * * * Section 5. The language in Section 6 -270 (a), (c), (d), (e), (f), (g), (h), (i) and (j) 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 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 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 construction 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 as set 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, structure, or facility which may reasonably result, or has 4 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. (c) A citation for a repeat violation shall require appearance before the Contractors Examining Board. A repeat violation is a violation after the imposition of a fine or other disciplinary action for another violation. A violation shall be considered a repeat violation: (1) Regardless of the chronological relationship of the acts underlying the various disciplinary actions; and (2) 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. (d) Any party receiving a monetary citation may appeal to the contractors examining board by filing a notice for appeal with the contractor license coordinator within ten days of a citation. (e) The contractors examining board may impose a fine and shall impose an administrative fee pursuant to the provisions of sections 6- 201(d)(7) and 6- 201(e)(3) or this section for any violations of this chapter upon a finding of violation. Upon a finding that such violation has occurred, the board shall deny the appeal, make a finding of violation and impose a fine in an amount not less than the amount listed in the citation and no more than the amount of the fine authorized under this chapter and shall assess an administrative fee. The board, at its discretion, may reduce the amount of the 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. 5 (g) If the fine is not paid within the time period required on the citation or ordered by the board upon appeal, the board's secretary shall cause 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 Florida Statutes. (h) Upon any final judgment foreclosing such lien, the court shall award to the 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 County may seek the imposition of injunctive relief and/or a civil penalty through the circuit court for any violation. The civil penalty shall be no less than $500.00 and no more than $5,000.00 for each offense. The Court may award to the County all costs as a result of this violation, including investigation costs, filing fees, court costs, and reasonable attorney's fees. (j) This article constitutes 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, rule code or regulation, the more restrictive shall apply. Section S. 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. 6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19 day of October, 2011. Mayor Heather Carruthers Yes Mayor pro tem David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neugent Yes Commissioner Sylvia Murphy Yes BOARD OF C A OF MONR 0 : , ORIDA By Mayor Heather Carruthers (SSE,,) Attest: DANNY L. KOLHAGE, CLERK By C L H ai Deputy Clerk E COUNTY, TrOF Y 4 m AUNT •.• ATTORNEY Gib c _ Q C UJ .- 7 MONROE COUNTY COURTHOUSE BRANCH OFFICE: 500 WIIIIEHEAD STREET ry , SUITE 101 b 1 p� .• O PLANTATION KEY KEY WEST, FLORIDA 33040 P GOVERNMENT CENTER Q TEL. (305) 294-4641 ^ • I • # 88820 OVERSEAS HIGHWAY FAX (305) 295 - 3663 r ��o'. r ow PLANTATION KEY, FLORIDA 33070 ( l 1 t Pp ' O TEL. (305) 852 - 7145 BRANCH OFFICE: \ ouNTr y N••••• FAx (305) 852 - 7146 MARATHON SUB COUR'IfHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATH FL ORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FA (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145 FAX (305)853 -7440 November 4, 2011 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7010 1670 0001 0244 7860 Dear Ms. Cloud, Enclosed please find certified copies of the following Ordinance: Ordinance No. 020 -2011 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on October 19, 2011. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Isabel C DeSantis, D.C. Cc: Municpal Code Corporation Via Certified Mail 7010 1670 0001 0244 8881 County Attorney via e -mail Growth Management via e -mail Finance via e -mail File 7010 1670 0001 0244 7360 $ - –,. 2 1 : j. [ 0 C -n \ \ \ } \ � 1 1i � \ , ; \ .� :( §\ n co cp \ /; , -. 0 � G - = = 5 : 4 ',,, , --i > ' " t $ . ) , _ . p m m � ... F 2 G D cn ( 0 :4 _ \ ¢ � � . $ Cd f ® Z § �: Wt a mm 1R© '� C) C) m mi » 1 4° 2 m . d) CO 3 2 2 $ .(13' % - D - / ƒ - �\ . SI/ 2 9 a i- 3\ \ 0 - ` C/ — 7010 1670 0001 0244 8881 CD • ' 7 ,.; 7:. - 7 , 7 3 M (I) ,,, re ,' i .3 ., ,, 3 a 3 ri ,z,,, : "...' ., 7 !' DO • 59 . .. , (73 y C . ag a - z. 0 4 , —1 0 '-' , i : .: , ft. ''. -' I ' cn 3> 4 ...I 1 . ' ' -2 ii a '- :' , r, II — ,. par 3: F <a = c 0:11 3— cn ---lo, •• , :',5 g — In . -) 0 71 i coi 0 a..): . , • ,„„ '-;' 11 ,.., _ / ' ,, A ■ 2 , CD - , +0 4 wa 1 ...s.. r;'..,::r, 8 'IT 01 - 2 :: . .... ,,. = 0 0 2 c ) ,--,/ / SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X D EPT. OF STATE ❑ ` dam • Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received�y V Prl �pq� C. Date of Delivery • Attach this card to the back of the mailpiece, NU •LUllI or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No Program Administrator Administrative Code and Weekly R.A. Gray Building 500 South Bronough Street s > 9�Certified ar Type Tallahassee, Florida 32399 -0250 Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 010 1670 0001 0244 7860 (Transfer from service labeq PS Form 3811, February 2004 Domestic Retum Receipt 102595 -02 -M -1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid Permit No. G -10 t I • Sender: Please print your name, address, and ZIP +4 in this box • I I ) DANNY L. KOLIHAGE ) F.O. BOX 1980 1 KEY '.' 7ST, FLORIDA 33040 I I I t3 4 6224 f' va0-. /1 1„ 1i„, lI, Il,,,, 1„ i,,, li,, ,Ili,l„L,i,li,,,i„1,1i,,,,,ll,1 1 dE ,s f. • 4n f t* . : t , FLORIDA DEPARTMENT 0 f STATE RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State November 9, 2011 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County s 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated November 4, 2011 and certified copy of Monroe County Ordinance No. 020 -2011, which was filed in this office on November 9, 2011. Sincerely, 1 ' ) i OW 0 .0 iz Clip. N - ri Pro . Administrator r — "IP r LC /srd rn -_ - -,o 3C rr3 . W c .. o crt 0 i R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399- 0250 Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov C VIVA R0010)1500_ Commemorating 500 years of Florida history www.fla500.com FLORIDA 500_ 1 7010 1670 0001 0244 7860 * ^°® ? ,, p \| ,( c J 0. o o 0 C\ \ ] [ )/ @ - ƒ I 2 ` a § • < \® \ ¥ K k\ k n # 4 _, o >•� G } }7 2 ! ~ 2 E — � : > - - )E �m — 33 rs> k D ] Q k \ m , m ¢ m om ^ ©■ § 0 0 _ - = E 9 $ E pi 1- $ D n\ .< $ oi CU - O) C \} ¢ . ? } c _ , c s - t =a . �� o • 0) ¢� �\ y' \ \ H » °`z � , § § _ 3- / ` \ § } $ � ƒ / 1 ( k / / 22 ) 0. } \ * ° \ 0 ` . 6Zz 7010 1670 0001 0244 8881 x T R W ? O ny a ' O / o Oa -, m ° � °� o m (A 3 m^ m). ° -U m a m D m 3 c N o O 7 0 z 37 m E, m . ,.. AD z Q n 0 + m 71:1z- 73o �� a m ' n m _ c C d C N T FT -n -n m aN am m m 9~i g ► /� N C � 3 0 Q Vi ti rn � .O -\ �' incase < 0 Z � C ar 0 `� '' `> c v r fD MOM G k� ii 33 ni 111 03 x y 0 f G� N 'r m (7 N ` _r- m n • (1 ISII N o --- r 9 o m 0 C m 3 n s 0 �, n 3 U roe. - V A STATE OF FLORIDA ti MINtIASO. COUNTY OF MONROE Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson, Danielle Cleghorn who on oath says that he is Vice - President of Operations of the Key West PO Box 1800 Key West Fl 33041 Citizen, a daily newspaper published in Key West, in Monroe County, Office....305- 292 -7777 Florida; that the attached copy of advertisement, being a legal notice in the Extension x219 matter of Fax 305 - 295 -8025 /� letaalstiaakevsnews,com /Oak LQ \ - f —r l f P - f r l r1Li Si 1 i/ INTERNET keywest.com PUBLISHING Ad n p )-1 v - � /� ' /h a . C keysnews.com I" �+ - 1 (�G( � floridakeys.com key - west.com was published in said newspaper in the issue(s) of Web Design Services ck-foh„ dot f NEWSPAPERS � l The Citizen Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in Solares Hill Key West, in said Monroe County, Florida and that the said newspaper has Big Pine Free Press Marathon Free Press heretofore been continuously published in said Monroe County, Florida every Islamorada Free Press day, and has been entered as second -class mail matter at the post office in Key Key Largo Free Press West, in said Monroe County, Florida, for a period of 1 year next preceding MARKETING SERVICES the first publication of the attached copy of advertisement; and affiant further Commercial Printing Citizen Locals Card says that he has neither paid nor promised any person, firm or corporation any Direct Mail discount, rebate, commission or refund for the purpose of securing this FLORIDA KEYS OFFICES advertisement for publication in the said newspaper. Printing / Main Facility 3420 Northside Drive Key West, FL l4i d i 33040 -1800 Tel 305 - 292 -7777 , - � Fax 305 -294 -0768 Signature of Affiant citizen(.kevwest.com Internet Division 33040 -3328 Sworn and subscribed before me this 2 day of a , 2011 Tel 305-292-1880 Fax 305 - 294 -1699 otiliiittl% sales ©keywest.com ` 60.. c, " ,,, Notary \`a Public: 'S' Middle Keys Office O i °MM �� ; • 6363 Overseas Hwy • Utz) �pAFS •, 'X' Marathon; °FL (MM 52.5) D Cleghorn :=.*: 33050 -3342 = • o s Tel 305 - 743 -8766 t "a #E � - •• Q' Fax 305- 743 -9977 % . • + ' 0 96 ; y , ;i& dt 4 : marathonna,kevsnews.com 1 / 49 Z/C , ST A0 ° ��� ,` Upper Keys Office Expires: December 14, 2014 N o01VaI ' 91731 Overseas Hwy Tavernier, FL 33070 Tel 305 - 853 -7277 Fax 305 - 853 -0556 freepress@floridakeys.com Personally Known x Produced Identification Type of Identification Produced - NOTICE OF INTENTION TO CONSIDER ADOPTION - OF t:OUNTY QJWINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, October 19, 2011 at 3:00 P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: 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. Pursuant to Section 286.0105, Florida. Statutes, notice is given that if a person, decided tb appeal any decision . made :. by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings; and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE N you are a person with a disability who needs special accommodations in order to participate. in ` this proceeding, please contact the County Administrator's ice, by phoning' (305) 292 -4441, °`between the hours of 8 :30 a.m. - 5 :00 p.m., no later than five (5) calenqar dlfys prior to the scheptufi1d itneeting;, if = you are hearing or voice impaired; - . tT call "711 Dated at Marathon, Florida, this u i 30th day of September, 2011: DANNY L. KOLHAGE, = .7-.73 ; Clerk of the Circuit Court and ex officio Clerk of the •• O Board of County Commissioners of Monroe County, Florida October 3, 2011