Item R2
BOARD OF" COliNTY COMMISSIONERS
AGENDA ITEM SllMMARY
'" PlJ8L1C HEARING 3:00 P.M. '"
Meeting l)ate:__ 7iJ9j200~__~ K\\,~__
Division __ Countv A n_l1rne)-'
Bulk Item: Yes
~o ~~~ .__
Department:__CQJmty Att9rne~{
Staff Contact Person: pedn2_'y1crC:(\Q_Q
AGENDA ITEM "'''ORDlNG:
A Public Hearing to consider approval of an ordinance amending Sec 6-68 of the Monroe County Code
relating to unlicensed contractors,
ITEM BACKGROlND:
Cpon statT review, several sections of Section 6-68 were found to be inconsistent witt Florida Statute
489; which governs the regulanon of construct ion contracting. As a result, Secl ion 6-( ,i'; was amended
to conform \vith chapter 489_
PREVIOUS RELEVANT BaCC ACTION:
Last amended by Ordinance 8-]998._
On 6/21/2006 the BOeC appro'V'ed the advert isemcnt of a Public Hearing
CONTRACT/AGREEMENT CHA'lGES:
NiA
STAFF RECO\'I\'tENDATIONS:
Approval,
TOTAL COST:
Bll DC [TED: '/ es
No
COST TO COC:\TY':
SOLRCE OF FllNI)S:
REVF.NtE PRODll(JNG: Yes
No
AMOUNT PER MONTH
"ear
APPROVED BY: County Atty --~OMB/purCh.aSing1Do.Sk Ianagement _ ___
DIVISION nlRECTOR APPROVAL: _ -lX~ _ _~__-.b {z.- ~,L________
r . K_ PI " TON, COl-~~~f1-0RNEY
DOCll\lENTATION:
I nc1uded
x
Not Required _______
DISPOSITION:
AGENDA ITEI\1 -#
Reyised 2/0:'
NOTICE OF INTENTION TO CONSIDER
ADOPTIO~ OF COliNT\:' ORDI~ANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 19,2006, at
3:00 P.M., or as soon thereafter as it may be heard, at the Harvey Government Center, 1200
Truman Avenue, Key \V('st. J\fonroe County, florida. th,~ Board of County Commissioners or
~lonroe County, Florida. intends to consider the adoption of the following Count\' ordinance:
AN ORDINANCE Ol<~ THE BOARD OF COl:NTY COMMISSIONERS OF
MONROE COllNTY, FLORIDA AMENUJNG CHAPTER 6 OF THE MONROE
COlLYfV CODE ENTITLED "HVILDINGS A'~D CONSTRlTTIOS" BY
Al\'lEl'DI~G SEe. 6-68 PROVlDl~:G FOR ADMINISTRATIVE FINES NOT
LESS THAN THE AMOt:NT SKf FORTH IN THE CITATION BliT NOT MORE
THAN $1,000 PER DAY FOR UNLICENSED CONTRACTORS AND $5,000 PER
DAY FOR LICENSED CONTRACTORS; PROVIDDiG FOR THE IMPOSITION
OF RESTITUTION; PROVIDING FOR ADML"iISTR4.TIVE FEES FOR ALL
COSTS INCURRED BY THE MONROE COUNTY HUILDING DEPARTMENT
AND THE COVNTY ATTORNEYS OFFICE IN INVESTIGATING AND
RESOLVING THE COMPLAINT; PROVIDI!\G FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF' ALL ORDIN,\NCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATIO~ INTO TIlE MONROE
COLJNTY CODE OF ORDINANCES; AND PROVIJHNG AN EFFECTIVE DATE.
Interested parties may appear at the meeting and be heard on this matter.
Pursuant to Section 2860] 05, 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 \vill
need a record of the proceedings. and that Jar 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
~lonroe County, Florida,
Dated at Key West. Florida, this 2 t'l day of June, 2006
DANKY L. KOLHAGE, Clerk oCthe Circuit Court
and ex officio Clerk of the Board ofCoLlnty
Commissioners of Monroe County. Florida
( SEAL)
PJ,lblication ]).1}l~_s
Rep0l1er 6/23/06 -
Keynoter 6/24/06 -
KW Citizen 6/25/06 -
6,/30/06
7/1/06
7/2/06
ORDINANCE NO..
-2006
AN ORDINANCE 0.1' THE BOARD 0.1' COlJ~TY COMMISSIONERS DF
MO:'\lROE COIJNTY, FLORIDA AMENDING CHAPTER 6 OF THE
MO~ROE CDl1NTY COOl': ENTITLED hBUILDI1'iGS AND
CO:~STRUCTlON" BY AME:NIJJNG SEe. 6-68 PROVIDING FOR
ADMINSTRATIVE FINES NOT LESS THAN THE AMOUNT SET
FDRTH IN TIlE CITATION BUT NOT MORE THAN $1,000 PER DAY
FOR L!\LICENSED CO'\TRACTORS AND $5,000 PER DAY FOR
LICI:SSED CONTRACTORS; PROVIDING FOR THE IMPOSITION Qf"
RESTITUTION; PROVIDING FOR ADMINISTRATIVE FF.ES FOR ALL
COSTS INCLRRED BY THE MONROE COUNTY BrlLDING
DEPART:\U=NT A'D THE COllNTY ATTORNEYS OFFICE IN
I~VESTIGATING AND RESOL'VING THE COMPLAINT; PROVIDING
FOR SEVERABILITY; PROVIDING }'OR REPEAL o.F ALL
ORUINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPDRA TIDN I~TD THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING }'OR AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners tinds it necessary to regulate building
consl!llction practices to further the public health, safety, and welfare of the citizens of
Monroe County; and
WHEREAS, Florida Statutes See 489127 authorizes local governments to enforce
codes and ordinances regulating contractors; and
'VlIEREAS. Florida Statutes 489 127 authorizes local governments to establish a
schedul e of penalties,
NOW, THERFORE BE IT ORDAINED BY THE BOARD OF COU~TY
COMMISSIONERS OF MON"ROE COUNTY, FLORIDA:
SectilJlU. Section 6-68 of the Monroe County Code shall be amended as foIJovv*'
Sec. 6-68. Hisciplinary proceedings.
(a) The se,:retary of the examining board may, upon his own motion, or shaH, upon a
s\-vorn complaint in writing of <lny person, investigate or cause to bl.: investigated by a
special investigator appointed by the board, the charges against~nlLunl i censed (:ontr~~tor
9I any licen.seq contractor qualitied hereunder, and, upon finding probable cause to
believe that an alleged violation did occur, issue subpoenas to the contractor and any
\-vitnesses to appear beflJfC the examining board and answer cbarges, 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 e',<amining 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 ~.:Hro contractor at
his lasl known address, as shc)\\:n by the board's records, setting out the name of the
complainant, the time of commission of the alleged o/Tense, and the section of this artic! e
alleged to be violated, and notifying the q-uahftetl- contractor to appear before the Board to
anWier 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 mailing of the registered letter and,jn
the case or a licensed contractor, to sho"" cause why his certificate of competency should
not be suspended or revoked or why his permit pulling privileges should not be
suspended or revoked,
(c) The administrative hearing provided for above shall be open to the publlc_
(1) The proceedings at the hearing shall be recorded and may be transcribed at the
expense of the party requesting the transcript, For purposes of administrative hearings
only the building official shall present the case before the contraciors examining board,
and the building oflicial shall designate an employee of hi s department to act as secretary
for the board during the hearing and the subsequent retention of exhibits The county
auorney, or designee, shall provide legal counsel to the contractors examining board All
testimony sh<lll be under oath_
(2) The hearing need not be conducted according to technical rules relating to evidence
and witnesses, Any relevant evidence shall be admitted if the board finds it competent
and reliable. regardless of the existence of any common law or statutor\' rule which might
make improper the admission of such evidence Hearsay evidence may be used for the
purpose of supplementing or explaining any direct evidence but shall not be sufficient in
itself to support a linding unless it would be admissible in civil actions The rules of
privilege shall be effective to the same extent that they are now or hereafter may be
recognized in civil actions_ Irrelevant and unduly repetitious evidence shall be e'\cluded,
(1) Each party shall have these rights, To call and examine witnesses: to introduce
exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even
though that matter \-vas not covered in the direct examination, to impeach any witness.
regardless oT\',"hich pany first called him to testify; and to rebut the evidence against him
(d) A decision shall be made by the examining board by a majority of the eHttre board
within fi ve (5) days after the close of the hearing and delivered to the contractor. For
lic:~l!_~ed contractor~ the dcci sian shall be one QtJl.lQre of the following
(1) :'\Jot guilty
(2) Fjnding()fyilll.~HiQJ1~ suspension of certificate of competency, stating time.
(3) Finding of violilJi()n~ revocation of certiticate of competency. naming etTective date.
(4) Fi ndin-R-Qf violation: a letter of reprimand stating the nature of the offense and any
action required for correction, A copy' of the letter shall also be retained by the buildIng
department in an active file pertaining to the party for a period of three (3) years, When
three (3) years have elapsed with no further disciplinary actions, a letter of reprimand
shall be removed fi'om a contractor's active file and placed in an inactivc file,
(5) finding of violatiog Imposition of an administr<ltive fine I::tp--t-e---ffitt-net--{-e--e-xceed
fivc hundred-Je-Hili:'> ($-50000) for a first ...ioJationor Tl,Qtless thilH the amount set fanh il}
the citatig11, but notmore than Five ThOUSAnd Dollars ($5000,00) 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_
:2
The payment of such fines shaH be made to the Monroe County Building Department
\.vithin a time specified by the board, but no less than seven (7) days and no more thim
thirtv (30) days from the date of imposition, Ifa certificate holder fails to pay the fine as
assessed by' the hoard, the certificate or such person or tirm shall be administratively
suspended until the fine has been paid, and the certificate holder, the Department of
Professional Regulation for the State of rlorida and all municipalities \vithin the county'
shall be so notitied; and a certitied copy of the order issuing the tine shall be tiled in the
public records of Monroe County, thereby creating a lien.
(6) Finding of violation; imposition of restitution.
(6) (7) Imposition of an administrative -tffie f~~ for all costs incurred by the Monroe
County Building Department and the county attorney's otTice in investigating and
resolving the complaint or complaints which gave rise to the disciplinary proceedings,
which administrative fee shall be ten (10) percent of the administrative fine or one
hundred dollars ($100,00), \'ihichever is l(reater
(el...!~_9.e<;:i~iQll_:i!illH bemade _by the_.~x~minin,g board by a maiority of the board within
fiy_eL~Ldays ~.[ter_Jh"~_yl9.~e__QfJb.9_h~mit}g. and delivered to the contractor, f..Q!..l!_nlic~T1.0~Q
contractors."the decision shall be one or more of the fol1mving:
( I) Not gu.ilt~
(2) Finding of violation; imposition of a civil penalty not le~.~_:than_the \!mQI))~L:;;~t forth in
the qit<!tiD-'Llml nou:nort;:_Jhan Ol1e Th!J1l5i:md_.DoJI~n;J$J 000,(0) foreach of the charges
upo_n \',b.LrJuu;erti.t1.~J1J.~.h91der bilS beJ:nJ'ound in violation by the board The payment of
~lIyhfines shall be made to the Monroe. County BJliJdil1S-__D.Gp,lJtm.cnt y,'i.t.bin.._<l. tim(?
specified bv the board, but no less than seven (7) days and no more than thirty (30) days
from the date of imposition, If the violator fails to pay the fi Be as ass~ssed by the board,
the Oep artme!}LQLProt~~ sigp1!LRffilJ!S\ ti on f'oUl!~._~J at ~ of EJ orict;;Lf!nct J!lJ..lnU ni ci pa I itL~.;;
~vithin thl;_!;Pul1ty,SQ?JlJlt;__~<,;U1j)Ji_n~~L and a cet1ified cop-y of the orger issuing the fine
sh~11 be tiled in the public records of Monroe County,_thereby crcatin\! a.Ji~lJ,
(3) Imposition of an administrative fee foro. all _~Q51fii11g.1rre_dJ'-Y_Jbe. Monroe County
B_lJi1d..ing Q~12_at1ment and the county attorney's office jn investigati~9-.nQ._resolving. the
Y.9!lUll?i_Dl . _or complai tits which gave rise to Jb~9iscip.1in?-n' _ .QIO_~e~dings, which
administratiYS;._fe~ sh!l!lt?e_ ten --L10) percent of civil penaltv or one hUl)drC;9 doHM~
($] OOOi21-,,-,,:hiGh~ycr i~ gre~ter,
.(tlJ::acb__dav a \villfut knO\ving_yj_oJatiQD.i:Qntinues$h_al] cg,nst)tute ~..Mmarate offense
!Lnder the prov:i~i.otl;;,_.!,)f tl1 i s section
fe:t (g) 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, \vithin thil1y (30) days, but nOI thereafter.
fB ibl Imposition of penalties pursuant to this section shall he hased upon consideration
of guidelines duly adopted by the contractor's examining board, or upon guidelines
established by the state construction industry licensing board
(Ord, ~o 16-197.5, 9 7~ Ord No ]4-1990, S 1, Ord. r\o 12-1992,92, Grd No. 5-1993,
S 1, Ord. 1\0 15-1993, ~* 1,2; Ord. No. 32-1993, S 2; Ord, 'No, 33-1993,9 I, Ord ?\Jo
20-1996, ~ 3, Ord. ?\J'o 56-1996, S I; Ord l\Jo 8-1998, S 1)
3
and no more than five thousand dollars ($5,00000) for each offense The court shall
award to the board all eosts as a result of this violation, including investigation costs,
filing fees, court costs, and reasonable attorney's fees,
The provisions of this section shall only apply to the prO\'isions of the code administered
by the board and the building department and this se(~tion constitutes the exclusive
statement ot'thc board's authority and jurisdiction
(Ord No ! 6-] 975, ~ 6(H); Ord. '1\0 21-1986, ~ 42; Ord. No. 46-1988, ~ 3: Ord No 23~
]99L ~ LOrd 1\'0 32-1993, & I; Ord, No 20-1996, ~ 5; Ord '1\0 58-1997, ~~ L 2: Ord.
.1\'0. 8-]998, ~ 2: Ord No. 25-1998, ~ 5: Ord. No. :23-1999, S 1, Ord No. 023-21)03, ~~ 1-
-3 )
PASSED AND ADOPTED by the Board of County Commissioners of V1onfC>c County,
florida, at a regular meeting of said Board held on the day of
2006
Mayor Charles "Sonny" McCoy
l\'1ayor Pro Tern Dixie!\l Spehar
Commissioner George \leugent
Commissioner Glenn Patton
Commissioner David Rice
Attest DANT\Y L. KOLHAGE, Clerk
BOARD or COUI\TY COMISSI01\ERS
OF MO'JROF COUNTY
By:
By: ..___~____
Mayor Charles "Sonny" l'vIcCoy
Deputy Clerk
Dated
4