Item R3
HOARD OF COl;NTY COI\JMISSIONERS
AGENDA ITEM SUMMARY
... PUBLIC HEARING 3:00 P.M. j,
Meeting Date
7/ J 9/2006 - K\V
Division:
County AttorQ0:
Bulk Item Yes
"l"o _ xx _
Depart ment: Co unt]..Att orne)'
Staff Contact Person:
Pedro rv1ercado
AGENDA ITEM \"OR[)(NG:
A Public Hearing to consider approval of an ordinance amending See 6-90 of the Monroe County Code
relating to buildings and construction and providing a fine schedule and imposition of civil penalties,
administrative costs and liens
ITEM BACKGROl1ND:
Upon stafr revie\\'", several sections of Section 6.90 .vere found to be inconsistent with Chapter 489 In
addition, the provision allowing for on unpaid tines cited the incorrect Florida Statute and County Code
Chapter and therefore, precluded the use of foreclosure as an enforcement tool. The proposed
amendments align those sections that were previously inconsistent with chapter 489 and provide for the
use of foreclosure proceedings.
PREVIOllS RELEVANT BOCe ACTIO~:
On 6/21/2006 the HOeC approved the advenisement of a Public Hearing.
CONTRACT/AGREEME:"iT CHANGES:
N/A
STAFF RECOI\IML\ DA TIONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COt:~TY:
SOtRCE OF FUNDS:
RE\'ENllE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ..-/
DIVISION DIRECTOR APPROVAL:
OM[l!~ ~MIJnag:"ft T
~NE A ~ ~ON, couMt;~tRNEY
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM /:j.
Re\'ised 2/O~
~OTICE OF INTE:\TIO:\ TO CONSIDER
ADOPTION OF' COrNTY ORDI1\Al\CE
NOTICE IS IIERLBY GIVEN TO WIIOM IT MA Y CONCERN that on July 19.2006. at
3:00 P.I\L or as soon thereafter as it may be heard, at the Harvey Go\'ernment Center. 1200
Truman Avenue, Key \\irs!. Monroe Counl}'. Florida, the Board of County Commissioners of
\lonroe County, Florida, intends to consider the adoption of the following County ordinance,
AN ORDlI\ANCE OF THE BOARD OF COVNTY COI\IMISSIONE:RS OF
MONROE COtNT\'. FLORIDA AMENDING CHAPTER 6 OF THE \-IONROE
COllNT\' CODE Ei'iTITLED "Bl'ILDTNGS AND CONSTRl;CTIO~~" BY
A'\lENI>I'G SEe. 6-90 PROVIDl.:\G FOR A FINE SCHEDL:LE; PROVIDI~G
FOR II\IPOSITlON OF CIVIL PENALlU~S; PROVII)I~G FOR
ADMINISTRATIVE COSTS~ PROVIDING FOR IMPOSITIO!\ OF A LlEN~
PROVIDING FOR SrVERABILlTY;PROVIDING FOR REPEAL O}- ALL
ORDI:\A'CES I"CONSISTENT HEREWJTH~ PROVIDING FOR
INCORPORATION INTO THE MONROE COtJNTY CODE OF ORDINANCES~
AND PROVIDING AN E}'FECTIVE DATE.
Interested panics may appear at the meeting and be heard on this matter.
Pursuant to Section 286010:'. 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 wilJ
need a record of the proceedings, and that, for such purpose_ he may need to ensure thaI a verbatim
record of the proceedings is made, \\'hich record includes the testimony and evidence upon \\'hich the
appeal is to be based
Copies of the above-referenced ordinance are a'l/ailable for review at the \arious pubhc libraries in
\lonroc County Florida,
Dated at Key' West, Florida, this 21 ,I day of June, 2006
DANNY L. KOLHAGL Clerk of the Circuit Court
and ex officio Clerk of the Board OfCOllnty
Commissioners of Monroe County_ florida
(SEAL)
Public.mion Date~:
Rep0l1cr 6,...'2J/f)()
Keynoter 6,'24/06 -
KW Citizen 6/25/06 -
6/30/06
7/ I /06
7/2/06
ORDINANCE NO.
-2006
AN ORDl'iANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
1\lONROE COtJNTY. FLORIDA, A\tJENDING CHAPTER 6 OF THE
i\10NROE COLiNTY COUE ENTlTLEO ""Brll.DINGS AND
COl\'STRllCTlON" BY Al\'IE:\DING SEe. 6-90 PROVIDING FOR A F'INE
SCHH)liLI<:; PROVlI>I:\iG FOR IMPOSITI01\ OF CIVIL PENALTIES;
PROVIDING }'OR ),I1NIMl1M PENALTIES; PROVIDING FOR
ADMINISTRATIVE COSTS; PROVIDI~G fOR IMPOSITION OF A
U[)\; PROVIDING FOR SEVERABILITY; PRO\'IDING FOR REPEAL
OF ALL ORDINANCES INCO~SISTENT HEREWITH; PROVIDI'lG
FOR I~CORPORATION I~TO TlIE MONROE COLNTY CODE OF
ORI>INANCES: PROVIDING FORAN EFFECTIVE DATE
WIIEREAS, the Board of County Commissioners finds it necessary to regulate building
construction p:actices to further the public health, safety. and welfare of the citizens of
\lomac County. and
',",' H FREAS. Florida Statutes Sec. 489. J 27 authorizes local governments to cnf;Jrce
codes and ordinances against unlicensed contractors~ and
\\"HF.REAS, Florida Statutes ,l89 127 authorizes local governments to e~tab!ish a
schedule of penalties. and
'VH EREAS, Florida Statutes 489_127 authorizes local government to impose liens on
any real or personal property for unpaid fines, and
WHEREAS, Florida Statue 489 131 authorizes local government to enforce it codes and
ordinance~. impose fines and re(juire restitution of licensed contractors purswmt to
di sci plinary hearings~
,\0\"', THERFORE BE IT ORDAINED BY THE BOARD OF COUNTY
CO'\L\lISSIOi'iERS OF !"lONROE COUNT\', FLORII)A:
ScctiO!LL Section 6-90 of the Monroe County Code shall he amended as foUow*
Sec. 6-90. Powers ~tnd duties.
(3) The examining board shall be the local construction regulation board. and shall have
the following pmvers
( 1 ) To determme if a 1 icense or certificate of competency of any local contractor should
be suspended t;)r any' violation of this article and to lix the length of time fix such
suspension.
(2) To call upon members of the industry to advise and assist them:
(.1) To determine if a state certified contractor is gui lty of fraud or has wi IlfuEv violated
any of the building codes of the county or has" within the past twelve (12) months. been
tound by the local constnlction regulation board of any other county or municipality to be
guilty of fraud or a \villful building code violation \A.-hich would have been fraud or a
building wde violation if committed in the county; and
(4) To determine if the authority of state certified contractors to obtain a bui I ding permit
shou Id he revoked, suspended or limited to abtaini ng permits \\iith specitic cond it ~ons and
to set the terms or suspension or conditions
(b) \Vhen 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 ii-urn such violation In addition, the board may issue and deliver a notice
of cease and desist 10 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
arc hereby designated to enforce the provisions of this article
(2) Code enforcement inspectors as design<lted above may issue a citation for any
violation of lhi s article whenever, based upon personal invcstigat ion, t he code
enforcement on-ieer has reasonable and probable grounds to believe that slich a violation
has occurred The citation form shall be pre"lcribed by resolution of the board of county
commissioners and shall contain the following information.
a. The time and dale of'issuance.
b The name and address of the person to whom the citation is issued
c The time and dale of violation
d A brief description of the violation and the facts constituting reasonable cause
e rhe name of the code enforcement ofl-icer
f The procedure for the person to follo\\i in order to:
(i) Pay the ci vi I penalty or contest the citation for violations; or
(ii) Appear be/ore the contractor's examining board to answer a summons_
(c) The applicable civil penalty if the person ejects not to contest the citation, which
penalty shall be pursuant to the following schedules
I'me Schedule:
TABI.E Il\SFT:
, ;
I
Repeat violations of unlicensed activity shall be referred to the state's attorney for
criminal prosecution All violations subsequent to the third violation :'ihall be heard by the
contractors examining board under the disciplinary hearing provisions of this article. A
repeat violation is any violation on which a tine has been issued or disciplinary action has
been taken \1, here the person had previously had disciplinary action taken against him or
received a letter of reprimand in a prior case; and said definition is to apply (I) regardless
of the chronological relationship of the acts underlying the various disciplinary actions,
:2
arId (ii) regardles~ of \",hether the violations in the present and prior disciplinary actions
are of t he same or di fferent provisi ons of this chapter
The fine shull be paid to the clefk- fur--t-fl€.-county commissiOfl An administrative fee for
costs incurred may be assessed in the amount or the greater often (10) percent of the fine
or one hundred dollars ($100 (0) 1\10nies collected pursuant to thi s section shall be used
to SLlPP'DI1 administrative costs and future enforcement activities against unlicensed
contractors The tine shall be Q.~j(;L~UheQtficess~f\1onroe Count v BujJ.gjng Q__~?!1!nenL
(d) Any party fined pursuant to this section may appeal to the contractor's examining
board f()r a full meritorious hearing in accordance \vith provisions of this chapter for
administrative hearings by filing a notice for hcari ng \vith the secretary of the contractor's
examining board within ten (] 0) days ofreceipt of service of a citation_
(c) The contractors examining board may impose an administrative fine or ci:vjLQ~JE!.l1.L
.;t1___ill2I!ropria~pursuant to the provisions of section 6-68{ d)( 5) and 6-68{ e )(2) OJ' thi s
section for any vIolations of this chapter by the contractors examining board and in the
amounts stated in the line schedule in this section upon a tinding of violation when a
citation is contested Pursuant to this paragraph, the board shall conduct a probable cause
hearing as to the alleged violation_ Upon a finding that probable cause to believe such
violation has occurred. the board shall deny the appeal and impose ;JJLa,dlJ].ini~1rfltive tine.
Qf a civil penalty in an amount 00 les-s--tltan one hund-rea-dollars (SlOOOO) not less than
th~<!.m"-)llJIUist~d in th~cit_atiol1 and no more than the amount of fine possible under ihis
chapter and may assess costs of the proceedings, including but not limited to costs of
persollneL equipment and supplies necessary to process the appeal" 110t to c:;cecd five
fm-fltiFeO dollars (S-50000) in addition to the civil administrative pena-hy imposed pursuant
HJ -pa mgfil ph- {&}--of--Htis- section or section 6 68(-5 L or the reduced amount pursuant to tl1i s
paru.:;rap h,-----i-t thc boara-----fra-s- found -mitigati ng--eircumstatl-€cs cxist. lhLboarQ>-_i!ljlS.
di seret iOJL_IlJ a_Y_LGQ!lc~--.lhLa 1110 LJ nl--.nfJ he adl11i ni strati vcfLne or _~ivjJ _--R!::_n.nhY__JWQD.ll
findingQLmi_tj-2.?ljD~ circU]TI s1flnces__
(t) The act for which the citation is issued shall be ceased immediately upon receipt of
the citation, The person charged w'ilh the violation shall cle€t-ci-ffieF-te correct the
violation and pay the civil penalty.' in the manner indicated on the citation or. within ten
( 10) days of (eceipt of the citation, exciusi ve of weekends and legal holidays, request an
administrative hearing before the contractor's examining board to appeal the issuance of
the citation by' the code enforcement otTicer,
(g) If the fine is not paid '0/ithin the time- period required above or ordered by the hoard
upon appeal, and ifno extension has been granted by thc board t(J!" good I.~ause shown, the
board's secretary shall advise the board of the failure to pay and obtain approval to file as
a notice of lien in the offi cial records of the county a certifi ed copy of t he order i m po.sing
the fi nc The lien shalJ fllJL.agai nst any real J2LQcrSon<iL pro-pcrtv the vio I aWr Olav own_
The lien may be toreclosed in accordance with r.s ch +61489, and ch e-"; 6, T\.-lonroe
County Code
(h) Lpon any final judgment foreclosing such lien, the court shall award to the board all
costs as a result of thi-,-, violation, including investigation costs, filing fees, cOLIn costs,
and reasonable attorney's fees.
(i) In addition to or in lieu of any other remedies provided above, the board may seck
the imposition of a civi I penalty through the circuit court for any violation of the notice to
cease (lnd deSist The civil penalty shall be no less than five hundred dollars ($50000)
...
-,
and no Illore than live thousand dollars ($5,00000) tor each otfense The COl1l1 shall
award to the bnard all costs 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 provisions of the code administered
by the hoard and the huilding department and this section constitutes the exclusive
statement or the board's authority and jurisdiction
(Ord \lo. 16- I ()7 5, S 6(H); Ord No, 21-1986, S 42, Ord, :\J'o, 46- 198 8, ~ 3; Ord, No, 23-
199] _ S LOrd. 1\0 32-1993, S LOrd. 1\0 20-1996, ~ :'i, Ord. 1\'0. 'iX- ]t)97, ~S 1, 2, Ord
-.....ro, 8-1998. 92; Ord. '\io 25-1998, S 5, Ord No, 23-1999, 9 I; Ord '\10 023-2003, ~9 1-
-3)
PASSED AND ADOPTED by the Board ofeounty Commissioners ofl'vlonroe County,
Florida, at a regular meeting of said Board held on the day' of _"'-___.__".
2006
\'1a)'or Charles "Sonny" l\1cCoy
\1ayor Pro Tem Dixie 1\1 Spehar
Commissin/1er George Neugent
Commissioner Glenn Patton
Commissioner David Rice
.'\ttest: DA1\!\'( L KOLHAGE, Clerk
BOARD OF COL~TY COMISSIO'JERS
OF MONROE CO{f:\J'TY
Ky:____.
Deputy Clerk
By:
May'or Charles "Sonny" McCoy
Dated
4