Ordinance 020-1996
Code Enforcement
ORDINANCE NO. 020 -1996
AN ORDINANCE AMENDING CHAPTER 6 REVISING THE DISCIPLINARY
PROVISIONS; AUTHORIZING CODE ENFORCEMENT INSPECTORS TO ISSUE
CITATIONS WITH FINES; 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 THAT:
Section 1.
The definition of contractor in Section 6-56, Monroe County Code,
shall be revised to read as follows:
Contractor means a person who possesses the requisite skill, knowledge.
financial responsibility and experience to supervise, direct, manage and
control the contracting activities of the business entity with which he is
connected and whose technical and personal qualifications have been
determined by investigation and examination as provided in this chapter,
and any person who meets the state statutory definition of contractor in Jl:1e ~
chapter on construction contractina. =:: - r"'1
Section 2. Section 6-64, Subsection (b). Monroe County Code, shall~e reied ~
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to read as follows:
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(b) Mandatory. The building official shall administratively suspend - ~
pursuant to Section e 1 e.1 (e)(c) of the Monroe County Code a contractor's N
local certificate of competency for a period of six (6) months upon receipt of
sufficient evidence that said contractor has failed to obtain the required
building permits prior to starting construction and that such violation is the
third such violation by such contractor within the preceding two-year period.
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Section 3.
Section 6-68. Subsections (a), (b). (d)(5). and (e), 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 submit a written
report to the examining board. 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 before the Board under this article shall be initiated within
four (4) years of the occurrence of the event complained of or be forever
barred.
(b) The examining board, upon receipt of such report, shall decide if
the report makes a prima facie showing of a violation of this article, and if so,
shall take one or both of the following actions: (1) I instruct the secretary to
send, by registered mail, a letter 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
make an election of exercisina or waivina his riaht to appear before the
Board at a time and place fixed, not sooner than twenty (20) days from the
mailing of the registered letter, to show cause why his certificate of
competency should not be suspended or revoked. (2) Instruct the
investigator or complainant to file a sworn affidavit for the arrest of the
qualified contractor if he has violated any of the pro'lisions of this article.
(d) (5) Imposition of an administrative fine up to, but not to exceed, *we
hundred fifty five hundred dollars ($250.00) 1$500.001 for a first violation or fi.v.e
hundred one thousand dollars ($500.00) ($1,000.001 for a repeat violation on
each of the charges upon which a certificate holder has been found in
violation by the board. This penalty may be imposed separately or in
addition to the penalties of suspension, revocation and reprimand authorized
in paragraphs (2), (3), and (4) above. The payment of such fines shall be
made to the Monroe County Building Department within a time specified by
the Board, but no less than seven (7) days and no more than thirty (30) days
from the date of imposition. If a certificate holder fails to pay the fine as
assessed by the Board, the certificate of such person or firm shall be
administratively suspended until the fine has been paid; and the certificate
holder, the Department of Business and Professional Regulation for the State
of Florida and all municipalities within the county shall be so notified; and a
certified copy of the order issuing the fine shall be filed in the public records
of Monroe County, thereby creating a lien.
(e) An appeal from the decision of the Board may be made by the
contractor involved to the Circuit Court of the Sixteenth Judicial Circuit in
and for Monroe County, Florida, within twenty .tbl.dy RGt (301 days, but not
thereafter.
Section 4.
Section 6-87, Subsection (a), Monroe County Code, shall be revised
to read as follows:
(a) The examining board shall not hold less than four (4) regular meetings
each fiscal year, durina the fourth -Ffiday week in October, January, April,
and in July.
Section 5.
Section 6-90, Subsections (a), and (b) paragraphs (l) through (4),
Monroe County Code, shall be revised to read as follows:
(a) The examining board shall have the power 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 or to revoke the license or certificate under the provisions of
this article, or to appoint an employee from the county commission to
investigate any complaints made against the licensed contractor and
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determine whether it shall take administrative action against the contractor
or direct the investigator to file a complaint for prosecution for the violation
against the contractor; to call upon members of the industry to advise and
assist them; to determine if the permit-pullinq privileqes of state certified
contractors should be revoked, suspended or conditioned 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.
(1) Code enforcement inspectors acting under the authority of Chapter
6.3 of this Code are hereby designated to enforce the following provisions
against persons who engage in activity for which county certification is
required of this article. t-Jo person shall:
a. Falsely hold himself or a business organization out as a licensee,
certificate holder, or registrant.
b. Falsely impersonate a certificate holder or registrant.
c. Present as his own the certificate or registration of another.
d. Give false or forged evidence to the board of a member
hereof for the purpose of obtaining a certificate or registration.
e. Use or attempt to use a certificate or registration 'Nhich has
been suspended or revoked.
f. Engage in the business or act in the capacity of a contractor (or
subcontractor) or advertise himself or a business organization as available
to engage in the business or act in the capacity of a contractor (or
subcontractor) without being duly registered or certified.
g. Operate a business organization engaged in contracting after sixty
(610) days following the termination of its only qualifying agent without
designating another primary qualifying agent.
h. Willfully or deliberately disregard or violate any county ordinance
relating to un certified or unregistered contractors.
(2) 1'10 uncertified or unregistered person associated with a
contracting firm qualified by the licensee under this chapter shall:
a. Conceal or cause to be concealed, or assist in concealing, from
the primary qualifying agent. any material acti':ities or information about
the contracting firm.
b. Exclude or facilitate exclusion of any aspect of the contracting
firm I s financial or other business activities from the primary qualifying
agent.
c. Knowingly cause any part of the contracting firm 1 s activities,
financial or othel'\'lise, to be conducted v:ithout the primary qualifying
agent's supervision.
d. Assist or participate with any qualifying agent in the violation of
any provision of this chapter.
e. Contract with an uncertified or unregistered person for the
performance of any construction contracting activities requiring a
certificate of competency under this chapter.
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(3) No owner of real property shall:
a. Contract with an uncertified or unregistered person.
b. Hire an uncertified or unregistered person without providing all
required insurance and taxes for, and supervision of. employees.
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(2) Code enforcement inspectors as designated above may issue a
citation for any violation of paragraph (1) or (2) of this subsection (b)
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 form 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 the violation.
d. A brief description of the violation and the facts constituting
reasonable cause.
e. The name of the code enforcement officer.
f. The procedure for the person to follow in order to:
(i) pay the civil penalty or contest the citation for a first time
offense violations pursuant to paragraph (7);
or
(ii) Appear before the contractors examining to answer a summons
for a repeat offense.
g. The applicable civil penalty if the person elects not to contest the
citation, which penalty shall be pursuant to the following schedule:
Violations
Fine Schedule
1. Falsely hold himself/herself or a
business organization out as a
licensee, certificate holder, or registrant.
Paragraph (l)a.
2. Falsely impersonate a certificate
holder or registrant.
Paragraph (1) b.
3. Falsely present himself/herself as a
certified or registered contractor under
another person I s certificate or registration.
Paragraph (1) c.
4. Give false or forged e':idence to
the contractors examining board or a
member thereof for the purpose of
obtaining a certificate or registration.
Paragraph (1) d.
5. Use or attempt to use a certificate or
registration which has been suspended
or revoked.
Paragraph (1 )0.
e. Engage in or advertise himself/herself
or organization to be in tho business or act
in tho capacity of a contractor/ subcontractor
ffFs-t
$150.00
Repeat
$300.00
$150.00
$300.00
$200.00
$400.00
$150.00
$300.00
$200.00
$400.00
$250.00
$500.00
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'Nithout being duly registered or certified.
Paragraph (l)f.
7. Operate a business organization engaged $100.00
in contracting after eO days following the
termination of its only qualifying agent without
designating another primary qualifying agent.
Paragraph (1) g.
8. Conceal or cause to be concealed, or $100.00
concealed, or assist in concealing from the
primary qualifying agent, any material acti
vities or information about the contracting firm.
Paragraph (2) a.
9. Exclude or facilitate the exclusion of any $100.00
aspect of the contracting firm's financial or
other business activities from the primary
qualifying agent.
Paragraph (2) b.
10. Knowingly cause any part of the con $100.00
tracting firm's activities, financial or other\\'ise,
to be conducted without the primary qualifying
agent's supervision.
Paragraph (2)c.
11. Assist or participate with any qualifying $100.00
agent in the violation of any provision of this
chapter.
Paragraph (2) d.
12. Contracting by a property owner of an $150.00
uncertified or unregistered contractor or
subcontractor.
Paragraph (2)c.
$200.00
$200.00
$200.00
$200.00
$200.00
$500.00
Fine Schedule: Second
First (Repeat)
Violation Violation
Unlicensed Activity $500 Referral
All Other Violations $150 $250
Third
(Repeat)
Violation
Referral
$500
Repeat violations of unlicensed activity shall be referred to the State's
Attorney for criminal prosecution. All additional repeat violations
subseauent to the third violation shall be heard by the Contractors
Examinino Board under the disciplinary hearino 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 same contractor had
previouslY had disciplinary action taken aoainst him or received a letter
of reprimand in a prior case; and said definition is to applY (j) reoardless
of the chronolooical relationship of the acts underlyino the various
disciplinary actions, and Iii) reoardless of whether the violations in the
present and prior disciplinary actions are of the same or different
provisions of this chapter.
The fine shall be paid to the clerk for the County Commission. An
administrative fee for costs incurred shall be assessed in the amount of
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the greater of ten (10) percent of the fine or one hundred dollars
($100.00) for all hearings requested or petitioned by the contractor if
the contractor is ordered to pay a fine. Monies collected pursuant to
this section shall be set aside in a specific account used to support
administrative costs and future enforcement activities against
unlicensed contractors.
Section 6.
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 7.
All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said ordinance.
Section 8.
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 9.
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 20thday of March
,1996.
Mayor Freeman
Mayor Pro Tem London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
yes
yes
yes
yes
yes
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By ~c:J..L.a Q ,c.. ~~.~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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EFFECTIVE DATE
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BY
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.ann!' I. .olbllt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) ~27
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 3~O
TEL. (305) 292-3550
FAX (305) 295-3660
April 1, 1996
BRANOI OPPICE
88820 OVERSEAS HIGHWAY
PLANTATION I<BY, FLORIDA 33070
TEL. (305) 852.7145
FAX (305) 852.7166
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott BuUdln.
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find certified copies of Ordinance Nos. 015-1996 through 021-
1996, which are self-explanatory.
These Ordinances were adopted by the Monroe County BCI>>ard of County
Commissioners at a Regular Meeting in fonnal session on Marc~ 20, 1996. Please file
for record. I
, '
,
Danny L. Kolhage
Clerk' of Circuit Court
and ex officio Clerk to the i
Board of County Commi~iOlle ,
By: Isabel C. DeSantis
Jb....L...t c. i)~
Deputy Clerk
cc: Municipal Code Corporation
County Commissioners
County Adminlqrator
County Attorney
Community Services Director, 018, 020, " 021-1996
. Growth Management Director, 015, 016, 017, 019, 020..1
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Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
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BIVISIONS OF FLORIDA DEPARTMENT OF STATE
"orfu:e tlf lhe SC\:T"Clary
Division Ill" Adm!nislrali\lC' Sc:r\"il,,:cs
Di"isinn tlf C\l(l'txalinns
Di\'isinn Ill' Cul1urJI Affair<,
Divi,ill"llfEIC:L'lilms
Di\iSllm Ill' Histnril.'al Rcsnun:('!\
Di\islllO of Lit'lrary and lnhlmlatinn Sc:rvil.'C,,"
Oh'jsiun Ill" L1L'cnsin~
HISTORIC PRESERVATION BOARDS
Hisloril: Florida Keys Preservation SoanJ
Hislmil' Palm Bcal'h County Preservation Board
Ifi,ulril' Pensacola Prcscrvalilln SI)uro
Hislnril.: Sl. Augustine Prcs..:rvalion Board
Ilishlril: Talluhasscc Preservation Board
Hislnril.: TampulHillshnrnugh County.
Preservallon 8narll
MEMBER OF THE FLORIDA CABINET
FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
RING LING MUSEUM OF ART
April 4, 1996
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Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
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 your letter dated April 1, 1996 and
certified copy each of Monroe County Ordinance Nos. 15-1996
through 21-1996, which were filed in this office on April 3,
1996.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 2399-0250 . (904) 488-8427
FAX: (904~ 4~"t~ · WWW Address http://www.dos.state.fl.us . E- ail: eJection@mail.dos.state.fl.us
Supplelent 60
04/09/96
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MUNICIDAL CODE C1RPORATJON
SvnpJe~ent Depart,ent
PO Box 2235
Tallahassee, Fi32316-2235
We have received the folloving .aterial.
T~a~k you for your assistance and cooperation.
rrdi~anrp Nos. 015-199E, 016-199€, 017-1996,
tI8-199~, 019-1996, 020-1996 and 021-1995.
TO:
"5, I~abel C. DeSdnti~
Deputy ClE'rk
l1onr(li! County
PI] Box 1980
Key Hest, FL 33040
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1-800-262-CODE (Hati'
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KE~EST
ITIZEN
:~rflr!'!"1r~~~Jm~~:'\i.~"l~~-:!t:.:~;:.r~.
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen; a daily newspaper published
?t Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice' . . .
in the matter of (\J6~'(-e. 0 \!- -:e-f'\.. tev\ ~\ 'or-- I 0 r-d \ 'Y"ICu''\c--e. a..V'>')-e rod ,'n '1
~~le\ C, (r-ev\ S \ 'Y1~ (hsc\'6>h'Y"l<:"'1 P f'O\J Ls'lon f
in the court, was published in said newspaper in the
issues of VV1u. ~ c..k s}- (0) (q q ~
Affiant further says that the said The Key West Citizen is a newspaper published at 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 at 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 nei-
ther paid nor promise~~erson, firm or corporation any discount, rebate, commission
~~~:f~n~~~~~~:~~'&lecuring this advertisement for pubiication in the said news.
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Personally own ~r Produced Identification -.
, 1996
Sworn to and subscribed before me thi
Type of Identification Produced
•
I NOTICE OF INTENTION TO CON- '
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE :-IS HEREBY 'GIVEN TO .
° WHOM`IT MAY CONCERN that on
Wednesday March 20, 1996 at 10:00
a.m. at the Marathon Government
Center, 2798 Overseas. Highway,
Marathon, Monroe County; Florida,
the Board of County Commissioners
of Monroe County,Florida,intends to
consider the adoption of the follow-
ring County ordinance:;
AN ORDINANCE AMENDING •
CHAPTER 6 REVISING THE DISCI-
PLINARY.PROVISIONS;AUTHO-
RIZING CODE ENFORCEMENT IN-
SPECTORS TO ISSUE.CITATIONS
WITH FINES;PROVIDING FOR
SEVERABILITY;PROVIDING FOR
THE REPEAL OF ALL ORDI •
-
NANCES INCONSISTENT HERE- .
WITH;-PROVIDING FOR INCORPO-
RATION INTO MONROE COUNTY
CODE OF ORDINANCES;AND
PROVIDING FOR AN
EFFECTIVE
DATE`Pursuant to Section 286.0105, Flor-
Ida Statutes, notice is given that if
;person decided to appeal'and 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 of.'
the proceedings is made, which rec-
ords Includes the testimony and evi-
' dence upon which the appeal is to be
• based.
; Copies of the above-referenced ordi-
nance are available for review at the
c various public libraries in Monroe
County,Florida.
(Dated at Key West, Florida this 22nd
day of February, 1996 `
DANNY L.KOLHAGE
Clerk of the Circuit Court and ex offi-
'i cio Clerk of the Board of County-
.
P' Commissioners of Monroe County,
li ; '„Florida
IMarch 3rd&10th,1996 .
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BEPlVINCI THE UPP8P1 K.V8
FOR OVER 10 YEAR8
BOX 1197 . TAVERNIER, FLA. 33070
(3051 862-3218
FAX 852-8248
DAGNY WOLPP
BdItor . Publllber
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is
EDITOR and 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 ADVERTISEMENT
IN THE MATTER OF_NOTICE OF INTENTION_.
IN THE Court, was published in said newspaper in the issues of _ 317/96.
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 he 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.
/ffi?Y
SWORN TO AND SUBSCRIBED BEFORE ME TillS _7TH DAY OF ___MARCH_ A.D. , 1996__
/! 7) /;1
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NOTARY PUBLIC
;5)\101" ?iI~" DAVEE A DOVE
MY COMMISSION'i~t:S: My Comrnilntion CC431878
'* ,"S~~r~ El<piree Feb. 06, 1999
4' 'kf~ Bonded by ANB
-'!'f iIf RU~~& 800-852-5878
1
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NOTICE OF INTENTION TO CONSIDER
, _ -ADOPTION OF COUNTY ORDINANCE -
° NOTICE IS HEREBY GIVcN TO tW0:0o A.M.HOM IT Y CONCERN
the
�, that on Wednesday,March 20. 1996,' Marathon,. t the Marathone Cohn-'
I Government Center,2798 Overseas Highway,
ty, Florida,the Board of County Commissioners of Monroe County,
f. Florida,intends to consider the adoption of the following County ordi-
S nance: _
I AN ORDINANCE AMENDING"CHAPTER 6•REVISING THE _-_
l DISCIPLINARY PROVISIONS;AUTHORIZING CODE ENFORCE-,
MENF INSPECTORS TOISSUECITATIONS WITH FINES;
P
', ING FOR SEVERABII-I Y;PROVIDING FORTHE REPEAL OF ALL,,
ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR IN-i
I CORPORATION INTO THE MONROE COUNTY CODE OF ORDI- ,
1 NANCES;AND.PROVIDING AN EFFECTIVE DATE. - • ,
I. Pursuant.to Section 286.0105,Florida Statutes,notice is given that
I. if aperson decided to appeal any decision made by the Boardwill
ne with
d escord
Ipect
to any matter considered at such hearing or meeting,
t of the proceedings,and that,for such purpose,he may need to ensure that
-a verbatim record of the proceedings is made,which
is h be record
e includes the
testimony and evidence upon which the appeal
Copies of the above-referenced ordinance are available for review
at the various public libraries in Monroe County,Florida.
DATED at Key West,Florida,this 22nd day of February,1996.
- _ DANNY L.KOLHAGE
Clerk of the Circuit Court '..
and ex officio Clerk of the
c Board of County Commissioners
- of Monroe County,Florida .
I Published:2/29 and 3!7/96
The Reporter •
, Tavernier,FL 33070
„PROOF OF PUBLICATION 1
.. .,,. .
THE FLORIDA KEYS KEYNOTER •
• Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
•
STATE OF FLORIDA )
COUNTY OF MONROE) •
Tom Schumaker who on oath, says that he/she i
Before the undersigned authority personally appeared_ _ ___� y
•
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in.MONROE COUNTY, FLORIDA; that the attached copy of advertisement, beingNoti�_e of Intention to
Consider Adoption of
THE MATTER OF: Amdending Chapter 6 County Ordinance M` in the
Court was published in said newspaper in the issues of
March 2 •
�16j_1996__�a__�� ---
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- no.5034000 z
NOTICE OF INTENTION TO-
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been CONSIDER ADOPTION OF
COUNTY ORDINANCE
entered as second class mail matter at the post office in MARATHON, in NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
said MONROE COUNTY, FLORIDA, for a period of one year next preceding - on Wednesday,March 20,1996
at 10:00 a.m. at•the Marathon
Government Center,2798.Over-
the first publication of the attached copy of advertisement; and affiaat fur- seas Highway Marathon„ Mon-
roe County,Florida,the Board of
ther says that he has neither paid nor promised any person, firm, or corpo- . County Commissioners of Mon-
roe County, Florida, intends to
consider the adoption of the fol-
ration any discount, rebate, commission or refund for the purpose of secur- lowing County ordinance:
ing this advertisement for publication in the said newspaper.(SEAL) G
AN CHAPTER RNRDINANCE CE A A THE DIMENDIN
CIPLINARY PROVISIONS;ENFORCE-
MENTAU-
Z INSPECTORS TO ISSUE
CITATIONS WITH FINES;,PRO-
VIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCON-
SISTENT FOR INCORPORATION INTO
THE MONROE COUNTY CODE
_M__—•-• OF ORDINANCES; AND PRO=
! (�V LOUr t� r❑ VIDING AN EFFECTIVE DATE.
Crl'i` f J SGLLBE, vL6\ •
Pursuant to Section 286.0105,
h i�r Florida person Statutes,
e tois givappealen
My �Q�11fi1 Exp. U��;�4�JVthat
i E,�"oy.r r e any decision made by the oard
(Seal) 4”`\f aL[ p BondedBy Service Ins with respect to any matter con-
e n 3 sidered at such hearings or meet-
'\ �14. �rl.�?Qe:,�3 ings,he will need a record of the
On`at•`' proceedings, and that, for such
� f�„n c cy K^ssn 3 iyha v,8, • I purpose,he may need to ensure
that a verbatim record of the pro-
SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 Rth ceedings is made,which record
includes the testimony and evi-
dence upon which the appeal is
- ' to be based.
dies of the above referenced
ordinance are available for review
March 96 , at the various public libraries in
DAY OF _ A.D. 19� Monroe County,Florida.
•
Dated at Key West,Florida,this
22nd day of February,1996.
•
�/� DANNY L KOLHAGE,
•LP= _ ��r_ Clerk Cf the iissio Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County,Florida
e Publish Mar.2,16,1996'
. Florida Keys Keynoter • '
NOTICE OF iNTENTiON TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM iT MAY CONCERN that on Wednesday,
March 20, 1996, at 10:00 a.m. at the Marathon Government Center, 2798 Overseas
Highway, Marathon, Monroe County. Florida. the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE AMENDING CHAPTER 6 REVISING THE DISCIPLINARY
PROVISIONS; AUTHORIZING CODE ENFORCEMENT INSPECTORS TO ISSUE
CITATIONS WITH FINES; 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.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person
decided to 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.
Copies of the above-referenced ordinance are available for review at the
various public libraries in Monroe County, Florida.
Dated at Key West. Florida, thisUN.bday of February, 1996.
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County. Florida
(SEAL)
)~NFj~J
J it;,
".," '"
S~ 8\1 9Z B3~ 96.
u~o:r3t1 tjO J 031U
Code Enforcement
ORDINANCE NO.
-1996
AN ORDINANCE AMENDING CHAPTER 6 REVISING
THE DISCIPLINARY PROVISIONS: AUTHORIZING
CODE ENFORCEMENT INSPECTORS TO ISSUE
CITATIONS WITH FINES; 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. THAT:
Section 1. The definition of contractor in Section 6-56, Monroe County Code, shall
be revised to read as follows:
Contractor means a person who possesses the requisite skill, knowledge,
financial responsibility and experience to supervise, direct. manage and
control the contracting activities of the business entity with which he is
connected and whose technical and personal qualifications have been
determined by investigation and examination as provided in this chapter,
and any Derson who meets the state statutorY definition of contractor in the
chapter on construction contractina.
Section 2. Section 6-64, Subsection (b), Monroe County Code, shall be revised to
read as follows:
(b) Mandatory. The building official shall administratively suspend -
pursuant to Scction e 1 e.1 (e)(c) of tho Monroo County Code a contractor's
local certificate of competency for a period of six (6) months upon receipt of
sufficient evidence that said contractor has failed to obtain the required
building permits prior to starting construction and that such violation is the
third such violation by such contractor within the preceding two-year period.
Section 3. Section 6-68. Subsections (a). (b). (d)(5). and (e). 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 submit a written
report to the examining board. 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 befor-e the Board under this article shall be initiated within
four (4) years of the occurrence of the event complained of or be forever
barred.
(b) The examining board. upon receipt of such report, shall decide if the
report makes a prima facie showing of a violation of this article, and if so,
shall take one or both of the following actions: (1) I Instruct the secretary to
send. by registered mail, a letter 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
make an election of exercisina or waivina his riaht to appear before the
Board at a time and place fixed, not sooner than twenty (20) days from the
mailing of the registered letter. to show cause why his certificate of
competency should not be suspended or revoked. (2) Instruot the
investigator or complainant to file a sworn affidavit for the arrest of the
qualifiod contraotor if he has violated any of the provisions of this article.
(d)(5) Imposition of an administrative fine up to. but not to exceed,
two hundred fifty five hundred dollars ($250.00) ($500.001 for a first violation or
five hundred one thousand dollars ($500.00) ($1,000.001 for a repeat violation
on each of the charges upon which a certificate holder has been found in
violation by the board. This penalty may be imposed separately or in
addition to the penalties of suspension. revocation and reprimand authorized
in paragraphs (2). (3), and (4) above. The payment of such fines shall be
made to the Monroe County Building Department within a time specified by
the Board, but no less than seven (7) days and no more than thirty (30) days
from the date of imposition. If a certificate holder fails to pay the fine as
assessed by the Board, the certificate of such person or firm shall be
administratively suspended until the fine has been paid; and the certificate
holder. the Department of Business and Professional Regulation for the state
of Florida and all municipalities within the county shall be so notified; and a
certified copy of the order issuing the fine shall be filed in the public records
of Monroe County, thereby creating a lien.
(e) An appeal from the decision of the Board may be made by the
contractor involved to the Circuit Court of the Sixteenth Judicial Circuit in
and for Monroe County. Florida, within p.\'enly 1hIJ:h[ ~ (301 days. but not
thereafter.
Section 4. Section 6-87. Subsection (a). Monroe County Code. shall be revised to
read as follows:
(a) The examining board shall not hold less than four (4) regular meetings
each fiscal year. durina the fourth ~ week in October, January, April,
and in July.
Section 5. Section 6-90. Subsections (a). and (b) paragraphs (1) through (4).
Monroe County Code, shall be revised to read as follows:
2
(a) The examining board shall have the power 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 or
to revoke the license or certificate under the provisions of this article, or to
appoint an employee from the county commission to investigate any
complaints made against the licensed contractor and determine whether it
shall take administrative action against the contractor or direct the
investigator to file a complaint for prosecution for the violation against the
contractor; to call upon members of the industry to advise and assist them; to
determine if the permit-pullina privileaes of state certified contractors should
be revoked, suspended or conditioned 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.
(1) Code enforcement inspectors acting under the authority
of Chapter 6.3 of this Code are hereby designated to enforce
the following provisions against persons 'Nho engage in aotivity
for which county oertification is required of this article. No
person shall:
a. Falsely hold himself or a business organization out
as a licensee, certificate holder, or registrant
b. Falsely impersonate a certificate holder or registrant.
c. Present as his ovm the certificate or registration of
another.
d. Give false or forged evidence to the board of a
member thereof for the purpose of obtaining a
certificate or registration.
e. Use or attempt to use a certificate or registration
which has been suspended or revoked.
f. Engoge in the business or act in the capacity of a
contractor (or subcontractor) or advertise himself or
a business organization as available to engage in
the business or act in the capacity of a contractor
(or subcontractor) vvithout being duly registered or
certified.
g. Operate a business organization engaged in
contracting after sixty (60) days following the
termination of its only qualifying agent without
designating another primary qualifying agent.
h. Willfully or deliberately disregard or violate any
county ordinanco relating to uncertified
or unregistered contractors.
(2) Il-Jo uncertified or unregistered person associated with a oontracting
firm qualified by the licensee under this chapter shall:
3
a. Conceal or cause to be ooncealed, or assist in
oonoealing, from the primary qualifying agent. any
material aotivities or information about the
oontracting firm.
b. Exolude or facilitate exclusion of any aspect of the
contraoting firm's financial or other business
activities from the primary qualifying agent.
c. Knowingly cause any part of the oontraoting firm's
aotivities, financial or othen.vise, to bo conduoted
without the primary qualifying agent's supervision.
d. ..\ssist or participate with any qualifying agent in
tho violation of any provision of this chapter.
c. Contraot with an uncertified or unregistered
person for the performanoe of any oonstruction
oontracting activities requiring a oortifioato of
oompetenoy under this chapter.
(3) 1'10 owner of real property shall:
a. Contract with an un certified or unregisterod person.
b. Hire an unoertified or unregistered person without
providing all roquirod insurance and taxes for. and
supervision of, employees.
14
(2)
r
Code enforcement inspectors as designated above may issue a
citation for any violation of paragraph (1) or (2) of this
subsection (b) 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 form 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 the violation.
d. A brief description of the violation and the facts
constituting reasonable cause.
e. The name of the code enforcement officer.
f. The procedure for the person to follow in order to:
(i) pay the civil penalty or contest the
citation for a first timo offense violations
pursuant to paragraph (7);
or
(ii) Appear before the contractors examIning
board or Code Enforcement Special Master
to answer a summons for a repeat offense.
g. The applicable civil penalty if the person elects
not to contest the citation, which penalty shall be
pursuant to the following schedule:
4
Fine Schedule
1. Falsely hold himself/herself
or a businoss organization
out as a licensee, certifi
cate holder. or registrant.
Paragraph (1) a.
2. ~aISClI'l impersonate a certi
flcate holdor or registrant.
Paragraph (1) b.
3. Falsely present himself/her
self as a certified or
registered contraotor
under another person's
certifioate or registration.
Paragraph (1) c.
4. Gi~e false or forged
eVldenoe to the oontraot
ors examining board or a
member thereof for the
pu~~se of obtaining a
certlfloate or registration.
Paragraph (l)d.
6. Use or attempt to use a
oe~ificate or registration
'....hlch has been
suspended or revoked
Paragraph (l)e. .
e. Engago in or ad'.'ertise him
self/herself or organization
!o be in the business or aot
In the oapacity of a
c~ntraotor / suboontraotor
Without boing dul"
. t T
regls ered or oortified.
Paragraph (1 If.
7. OP.erate a business organi
~atlon engaged in contraot
Ing after 60 days following
the termination of its onl"
a I'k' T
...,u~ "ylng agent without
deSignating another primar'
I'k . T
qua" ylng agent.
Paragraph (1) g.
8. Conoeal or cause to be
ooncealed. or assist in oon
oealing from the prima~'
quali~ing agent. an;
material activitios or
information about the
contraoting firm.
Paragraph (2) a.
Violations
~ Repeat
$150.00 $300.00
$150.00 $300.00
$200.00 $400.00
$1130.00 $300.00
$200.00 $400.00
$250.00 $500.00
$100.00 $200.00
$100.00 $200.00
5
9. Exclude or faoilitate the ex
c1usion of any aspeot of the
oontraoting firm's finanoial
or other business aotivities
from the primary qualifying
agent.
Paragraph (2)b.
10. Knowingly cause any part of
the oontracting firm's
activities. financial or other
wise. to be conducted 'Nith
out the primarl qualifying
agent's supervision.
Paragraph (2)c.
11. Assist or participate with any
qualifying agent in the viola
tion of any provision of this
chapter.
Paragraph (2)d.
12. Contracting by a property
o'lmer of an uncertified or
unregistered oontraotor or
suboontractor.
Paragraph (2)c.
$100.00
$200.00
$100.00
$200.00
$100.00
$200.00
$150.00
$500.00
Unlicensed Activity
Second Third
First (Repeat) (Repeat)
Violation Violation Violation
$500 Referral Referral
$150 $250 $500
Fine Schedule:
All Other Violations
Repeat violations of unlicensed activity shall be referred to the State's
Attorney for criminal prosecution. All additional repeat violations
subseauent to the third violation shall be heard by the Contractors
Examinina Board under the disciplinary hearina provisions of this article
except that violations by state certified contractors shall be heard by
the Code Enforcement Special Master and conducted in accordance
with Chapter 6.3. A repeat violation is any violation on which a fine has
been issued or disciplinary action has been taken where the same
contractor had previously had disciplinary action taken aaainst him or
received a letter of reprimand in a prior case: and said definition is to
apply Iil reaardless of the chronoloaical relationship of the acts
underlyina the various disciplinary actions, and Iii! reaardless of
whether the violations in the present and prior disciplinary actions are
of the same or different provisions of this chapter.
The fine shall be paid to the clerk for the County Commission. An
administrative fee for costs incurred shall be assessed in the amount of
the greater of ten (10) percent of the fine or one hundred dollars
($100.00) for all hearings requested or petitioned by the contractor if
the contractor is ordered to pay a fine. Monies collected pursuant to
6
this section shall be sot aside in a specific account used to support
administrative costs and future enforcement activities against
unlicensed contractors.
Section 6. 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 7. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said ordinance.
Section 8. 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 9. 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 _ day of
.1996.
Mayor Freeman
Mayor Pro Tem London
Commissioner Harvey
Commissioner Douglass
Commissioner Reich
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Deputy Clerk
Mayor /Chairman
EFFECTIVE DATE
cntrctrsa
7