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Ordinance 008-1998THAT: Contractor's Examining Board ORDINANCE NO. 008 -1998 AN ORDINANCE AMENDING CHAPTER 6 CLARIFYING THAT CONTRACTOR'S EXAMINING BOARD IS THE BOARD WHICH THE COUNTY DEEMS TO BE THE LOCAL CONSTRUCTION REGULATION BOARD WITH AUTHORITY TO AFFECT PERMIT PULLING PRIVILEGES; TRANSFERRING THE AUTHORITY TO DETERMINE PROBABLE CAUSE TO BUILDING OFFICIAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Section 1. Section 6-68, Subsections (a) and (b), Monroe County Code, shall be revised to read as follows: (a) The secretary of the examining board may, upon his own motion, or shall, upon a sworn complaint in writing of any person, investigate or cause to be investigated by a special investigator appointed by the board, the charges against any contractor qualified hereunder, and, upon finding probable cause to believe that an alleged violation did occur, issue subpoenas to the contractor and any witnesses to appear before the examining board and answer charges. If a qualified contractor fails to keep in force the insurance policy required in Section 6-61 of this article, the secretary of the board shall immediately suspend the local certificate of competency and report the matter to the examining board for revocation action. All disciplinary actions under this article shall be initiated within four (4) years of the occurrence of the event complained of or be forever barred. (b) The secretary shall send, by registered mail, a subpoena to the qualified contractor at his last known address, as shown by the board's records, setting out the name of the complainant, the time of commission of the alleged offense, and the section of this article alleged to be violated, and notifying the qualified contractor to appear before the Board to answer the charges, or waive his right to appear before the Board, at a time and place fixed, not sooner than twenty (20) days from the ailing of the registered letter, and to show cause why his certificate of competency shc 9d rMt suspended or revoked or why his permit pulling privileges should not be susd 3 revoked. M:K-' � v Section 2. Section 6-90, Subsection (a), Monroe County Code, shall be2wWd to re(Z5as C 3 follows: .�..-+A ._ Clh r (a) The examining board shall be the local construction regulation boar , CPU to shall have the following powers: (i) 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; (ii) to call upon members of the industry to advise and assist them; (iii) to determine if a state certified contractor is guilty of fraud or has wilfully violated any of the building codes of the County or has, within the past twelve months, been found by the local construction regulation board of any other county or municipality to be guilty of fraud or a wilful building code violation which would have been fraud or a building code violation if committed in Monroe County; and (iv) 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. Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said ordinance. Section 5. The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 6. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 11 th day of March, 1998. Mayor London Mayor Pro Tern Harvey ��- Commissioner Freeman ;Commissioner Douglass Commissioner Reich (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK W .4.... V •... _ jordiconpower yes yes yes yes yes BOARD OF COUNTY COMMISSIONERS OF MO E COUNTY, FLORIDA By Mayor/Chairman APPROVED AS TO FORM AND L SUFFICIEN BY NI MU DATE PAI BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 6 CpUN Ty c �4J��aJUM cuipG� �G9 a ui 'p d! Mannp 1. JklAbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 March 24, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Florida Department of State Bureau of Administrative Code and Laws The Elliot Building 401 South Monroe Street Tallahassee, Fl. 32399-0250 Dear Mrs. Cloud: BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Enclosed please find a certified copy of Monroe County Ordinance No.008-1998, amending Chapter 6 clarifying that Contractor's Examining Board is the Board which the County deems to be the local construction regulation board with authority to affect permit pulling privileges; transferring the authority to determine probable cause to building official; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, in formal session, on March 11, 1998. Mrs. Liz Cloud March 24, 1998 Page 2 Please file for record. Sincerely, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners By: Ruth Ann Jantzen De ty Cj�c Enclosure cc: County Attorney County Administrator Growth Management Director Municipal Code Corporation File d SENDER ■Complete items 1 and/or 2 for additional services. I also wish to receive the •■Complete items 3, 4a, and 4b. following services (for an ■ Print your name and address on the reverse of this form so that we can return this d card to you. extra fee): > 'Attach this form to the front of the mailpiece, or on the back if space does not v permit. 1. ❑ Addressee's Address d ■ Write'Retum Receipt Requested' on the mailpiece below the article number. d .5■The Return Receipt will show to whom the article was delivered and the date 2 ❑Restricted Delivery W C delivered. o Consult postmaster for fee. ri d 3. Article Addressed to: 4a. Article Number 0 d MUNICIPAL CODE CORPORATION E P.O. BOX 2235 P 381 826 431 � 4b. Service Type Cni0 TALLAHASSEE, FL, 32316-2235 ❑ Registered Certified Ix W ❑ Express Mail ❑ Insured c Return Receipt for Merchandise ❑ COD (ORD. 007, 008, 009-1998) 7. Date eliv ery o 0 t- 5. Received By: (Print Name) 8. Addressee's Address (Only if requested w cr and fee is paid) W 9 6. Signature; dressee or gent) H o X N PS Form 3811, :urn d SENDER: t7 •Complete items 1 and/or 2 for additional services. 1 also wish to receive the a d ■Complete items 3, 4a, and 4b. ■ Print your name and address on the reverse of this form so that we can return this following services (for an extra fe1 + > card to you. ■Attach this form to the front of the mailpiece, or on the back if space does not 1, ❑ 44�dressee's Address t d m permit. ■ Write'Retum Receipt Requested' on the mailpiece below A article number. ■The Return Receipt 2 ❑Restricted Delivery Z will show to Whom the article was delivered and the date t� e delivered. Consult postmaster for fee. a 3. Article Addressed to: 4a. Article Number d MRS. LIZ CLOUD P 381 826 430 a E FLORIDA DEPARTMENT OF STATE 4b. Service Type o BUREAU OF ADMIN.CODE/LAWS ❑ Registered 'Certified W THE ELLIOT BUIODING ❑ Express Mail ❑ Insured tM S 401 SOUTH MONROE ST. Return Receipt for Merchandise ❑ COD a TALLAHASSEE, FL. 32399-0250 7. Date of Delivery z (ORD. 007, 008, 009-199 ) 2 �99 k 5. Received By: (Prin a e) 8, Addressee's Address (Only if requested 5°5, •'° w _ w a. ( {i IT t m Psi Receipt r �: a) `4 0 0 ' E 0 LL 1 rn a P 381 826 431 Receipt for Certified Mail No Insurance Coverage Provided ar.rEu STME5 Do not use for International Mail .os u M—E ISee Reversel Sent to MUNICIPAL CODE CORPORATIO stP.tOn. BOX 2235 P O S1.3 n, and ZIP Code TALLAHASSE 316-22 5 Postage Certlhed Fee Special I)ehveryee rQ vv Restricted DO,very Fee Return Receipt Shomng� to Whom & Date Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage & Fees Postmark or Date (ORD.007,008,00 ` 1't P '381 826 430 t Receipt for Certified Mail ° No Insurance Coverage Provided Do not use for International Mail i rosin s amtt (See Reverse) Sent to MRS. LIZ CLOUD Street and NOFL. DEPT. OF STA 4 P qTi.ar' ,I SCgde EE, FL. 32399-02 Postage (j•1 1 f Certllied Fee Special Delivery Fee I Restricted Delivery Fe ` Return Receipt Showing L IF pl to Whom & Date Delivered Return Receipt Showing to Whom, C Date, and Addressee's Address 7 TOTAL Postage 0 & Fees Postmark or Date C M o LL 9-1998) aE RD.007,008,009-1998) �C � k�k C ; 1• o IrLl`Tr1PR cnrrF COFFORNiION Sz- Customer Serlices PM PO 6a+ 2235 7alla';assee, Fl 3231E-2235 /? n ¢, c.�Plenent 64 n?i?7/98 We ha.,a rerRi ed the fr%110r% ng aateri<rl. �.k iha.r• r fo; Voll, assi;tan: and cooper-}rorj. Crdkorlce Nos. 907-1999. 009-1Q98 and 409-1999. h2-2623 "National) EJ cnd ,our ordinarices to ords8moil.nunicode.ccm t "ur hr,me page at httP:/'w-v,municode,cot t#e ha':p hundreds of Code; void can search. Gait Av-'itional coPies of Zoning. 'DC, Charter etc. for axle separately from the Code. Cal: far inf,. •I MAR27 Gu'J1�bGC •i TO - Mr. Danny L. Kolhage Clerk 04 the Circuit Court Monroe County 5011 Whitehead Street Key West, FL DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Office of International Relations Division of Adininistrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS March 26, 1998 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Ruth Ann Jantzen, Deputy Clerk Dear Mr. Kolhage: MEMBER OF THE FLORIDA CABINET Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa iHillsborough County Preservation Board Ringling Museum of Art Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your three letters dated March 24, 1998, and certified copy each of Monroe County Ordinance Nos. 98-07, 98-08, and 98-09, which were filed in this office on March 26, 1998. Sincerely, Liz Cloud, Chief Bureau of Administrative Code LC/mw BUREAU OF ADMINISTRATIVE CODE The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427 FAX: (904) 488-7869 • WWW Address http://www.dos.state.fl.us • E-Mail: election@mail.dos.state ft its Z'&. PROOF OF -PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE) Before the undersigned authority personally appeared Tom Schumaker who on oath. says that he/she i Publisher M of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA, that the attached copy of advertisement, being Notice of Intention To IN THE MATTER OF: Consider Adoption of Cty Ordinance CEB Authority/Powers_ in the Court was published in said newspaper in the issues of February 21, 28, 1998 Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- paper has heretofore been continuously published in said MONROE COUN- TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been entered as second class mail matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant fur- ther says that he has neither paid nor promised any person, firm, or corpo- ration any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper. (SEAL) DOROTHY C. SH My Comm Exp. IWIWMI e_vpmon;y Bonded By Selyioe ins (seal) No. CC688796 14~ 11 otMr 1.0. SWORN TO AND SUBSCRIBED BEFORE ME THIS 5th DAY OF March A.D. 19 98 oe ao.da97goo NOTICE OF INTENTION TO CONSIDER A9011"I'M OF Florida notka i.= tlrt�il.+ pseorr decided is osN aNy decision made Iby the Board with rrpect to any met- t-r �onsi�dersed at such hespir ps cor ord et gthe he will need a re- cord that, for needto enaur- aueh that averbatim may . record of the proeeedinnngqss rs made, which record indtides the testimony and evidence upon whidh the appeal is to be based. Co lea of the above -referenced ordinance are available for re- view et the various public Librar- ies in Morwoe County, Florida. Dated at Key West, FWnde, this 12th day of Febh+pry, 1998.: DANNY L. KOLHAGE, Clerk of the Circuit Court andsx efficio Clerk Wf the Board of'County rAimmissioners of .MonreeCounty, FWde PulaiisFtoriddKlbys _ it,21er 8, 1998 Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE 6 ,C Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Advertising Director of the Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida, that the attached copy of the advertisement, being a legal notice in the matter of In the 1 Y4 Court, was published in said newspaper in the issues of X� ►ems �,�� �. C) Affiant further says that The Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays and specified holidays) and has been entered as second-class mail matter a the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and afFiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. A"I ; �% Signature of Affiant Sworn and subscribed before me this 3 day of M , 1998 Expires September I7th, 2000 Personally Known X Produced Type of Identification Produced Identification Signature of NotarjAPublic Notary Seal MY 'P I ;i Teresa Gayle Darllny • MY COMMISSION k CC585942 BXPIh4 z; a °f,h�: September 17, 2000 BONDED THRU TROY FAIN INBUMNIX, INC. NOTICE OF INTENTIQN TO CON- SIDER ADOPTKM OF COUNTY ORDINANCE NOTICE; IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, March 11 1998, at 10:00 AM at the= Maridon Govern- ment Center, 2796 Overseas High- way, Marathon, Monroe County, Florida, the Board of County Com- missioners of Monroe County, Flor- ida, intends to consider the adoption of the following County ordinance: AN ORDNANCE AMENDING CHAP- TER 6 CLARIFYING THAT THE CONTRACTOR'$ EXAMINING BOARD IS THE BOARD WHICH THE COUNTY DEEMS TO BE THE LOCAL CONSTRUCTION REGULA- TION BOARD WITH AUTHORITY TO AFFECT PERMIT PULLING PRIVILEGES; TRANSFERRING THE AUTHORITY TO DETERMINE PROBABLE CAUSE TO BUILDING O M R —� - , - 3win, F AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flor- ida Statutes, notice is given that if a person decides to appeal any deci- sion 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 en- sure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above -referenced ordi- nance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, this 12th day of February,1998. DANNY L. KOLHAGE Clerk of the Circuit Court and ex offi- cio,Clark of the Board of County Commissioners of Monroe County, Florida FeMv#ry ,'I" Ii 27th 19M 1 Serving the Florida Keys P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION USPS #905580 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad. IN THE MATTER OF _NOTICE OF INTENTION Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. Jd4ll ve� I VtIVII SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 26TH DAY OF FEBRUARY, A.D. , 1"8 NOTARY PUBLIC MY COMMISSION EXPIRES:r �'°�� DAVEE R )ov 1 MY CO"V--n Cf....3187t; 7f Exocxs Fob. �'., 1 yS�) F,'Onded by ANe ��OF FIOP� �iatp-852-5878 NOTICE OF INTENTION TO CONSIDER that On 'nC IS HEREBY GIVEN TO WHOM rr MAY CONCEI0J Wednesday.March 11, I'M 0 10-00 A.M. at the Marathon Government Center; 2798 Overseas Highway, Marathon, Monroe Gpm- ty,' Florida, the Board of CountyRmidaCommissioners of Monroe County, , intends to consider the adoption, otthe following County ordi- AN ORDINANCE AMENDING CHAPTER 6 CLARIFYING THAT CONTRACTOR'S EXAM] KING BOARD IS TI$ BOARD WHICH THE'COUNTy DEEMS TO BE THE LOCAL CONSTRUC_ "MRF-OLTLATIONBOARDWrMAUTfIORNyTOAFMCTpER MO` P6fI.LINCr NUVRWESo TRAN9MRRINC, THE AUTHORTFY TO PROVV ERMM PROBABLE CAUSE TO BUILDING 01-WIA1.; MIDING FOR,SEVERABII.rN; PROVIDING FOR RUEAL OF ALLORDINANCESINCONSISTENT HEREWr H;PROVIDINGFOR INCORPORATION INTO TM MONRGE COIINTY.CO}� AND PROVIDI NG AN EfETi ECVA DATE. Pursuant to Section 286.0m, Florida Statutes, notice is given that if a Person erdecided e appeal any deciaioa made by the Board with respect to any matteroonaideredatsudrhearfagor wlllneedareobrd of the proceedings, and that, forsttchptatpoat,,8e may will to ensure that a verb atim ee�,of d1 rrlide. a ma need testrmony and evidence upon which the appeal is to be band. �ePraaef d above•tef at tha v�00" m WO !mevigw Flaarda I2th Y lt", 098. DANNYL..KOLHAGE Clerk of the Circuit uit Coact and ex of win Clerk of the Board of County Cor nrrissioners of Mourne Caaaty, Florida Ptrbb,*d- 2/19and 2/26198 '7he Reporter Tavernier, FL 33070 ' r �.:uIISlilittCwl.—.1 '� :• t r L t f;,�k i - P ::381 826 ,431 �381 B26 430 7 Receipt f®r "5' Receipt for p Certified Mail,";z Gertafeed Mail No Insurance Coverage Provided f ` ` No Insurance Coverage Provided Do not use for International Mall • Do not use for International Mall .usETED E (See Reverse)' � (See Reverse) }. r Sent to SMUNICIPAL-CODE CORPORATIO ' 3'r MRS. LIZ CLOUD :£T r Street and NoFL. DEPT. OF STALE . Street and No. : P.O. BOX 2235 p. an IP Cotle - P.O TALLAHASSEIP Code 316-22 5 4TAAhASSEE,FL. 3((239II9-02 0 } 'Postage Postage x i V { Certified Fee i f_ Certified Fee t } Special Delivery Flee (� ,, -?` Special Delivery Fee . t .' Restricted Delivery Fe ' {!j Restricted Delivery Fee 4n . Return Receipt Showing l y Return Receipt Showing 1 to Whom & Date Delivered t a 0, to Whom &Date Delivered `- .- Return Receipt Showing to Whom, { Return Receipt Showing to Whom, at - e Date, and Addressee's Address C Date, and Addressee's Address t TOTAL Postage j TOTAL Postage , ® &Fees $ 0 &Fees . Postmark or Date i Postmark or Date 00 Do M M j E c + a (ORD.007,008,009-1998) t 4 d( RD,007,008,009-199LL ILL 8) r }Y W ( it x VS :e, r V t n a tt f'Y49�,s�C'�5'*'^s' '1t'tC,�" K n 3ti�i>t{vt w.r ` •a �t t.Nty,h 5}y o f t�atr p r d J had e Yf tc rrr �'1,, „E? a NLmIr7PAL CODF.CORPORATIOf] pp a, ["List (lf?r Ser1'ICes �1''1 PC tin+' 2235 ' . MAR27 58 y m f TallaTiaSseet FI 3231E=2?35, " `, pirp t� as e, .2 Q� l; rn E7 EP. j SS'plel en 64 03/27/98 it k' ` Re have recrirred the follot;ing iWerial. Thank ym for your a55isfanre and cooperation, x z rrdinance Nos, 907-199R, 008-1998 and 009-1998. ' 1-8007262-2633 (National? lB3 T0; i (Send your ordinances to ords8mail.municode.com Mr. Danyry L. Kolhage it our home page at http://taww.municrfde.com Clerk of the Circuit Court V have hundreds of Codes you can search. Monroe County ' 500 Ohitehead Street Cet additional copies of Zoning, tDC, Charter etc. Key West, FL 1: for sale separately from the Code. Cali for infii, J ' .��n r...z s4 ,.^`h'u�wf A . _'"t4; d ,.esx. ..1..; ��:°Y: t-E.`h`.':... -.. :t5 w. :,:.. ,r. _s,.