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HomeMy WebLinkAboutItem J2 J2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting July 16, 2025 Agenda Item Number: J2 2023-4201 BULK ITEM: Yes DEPARTMENT: Building and Permitting TIME APPROXIMATE: STAFF CONTACT: Rick Griffin AGENDA ITEM WORDING: Approval of a Resolution prescribing new Citation forms for construction industry violations. ITEM BACKGROUND: The Board of County Commissioners (BOCC)passed Ordinance No. 012-2025 on May 21, 2025, adopting amendments to Chapter 6—Buildings and Construction, Article III— Construction Industry, updating the membership requirements and duties of the Contractors Examining Board, updating the procedure for disciplinary proceedings, updating the legal representation to the Contractors Examining Board, and updating the penalties and establishing a schedule of penalties. Ordinance No. 012-2025 established a new Schedule of civil penalties under Monroe County Code (MCC) 6-270(f), thus requiring that Citation forms be updated to reflect the new penalties. Citations may be issued in the field or by certified mail, there is a proposed citation form for each situation. When appropriate, designated code enforcement inspectors may elect to issue a warning in lieu of a citation in order to gain compliance. There is a proposed warning form in addition to the citation forms. Pursuant to MCC 6-270(b)(2), citation forms must be prescribed by resolution of the BOCC. PREVIOUS RELEVANT BOCC ACTION: Ordinance 012-2025 updating penalties was approved on May 21, 2025. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: 2575 STAFF RECOMMENDATION: Requesting approval DOCUMENTATION: Resolution citations final draft.pdf Warning.pdf Citation(field).pdf Citation(certified mail).pdf FINANCIAL IMPACT: 2576 Resolution No. - 2025 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, PRESCRIBING NEW CITATION FORMS PURSUANT TO MONROE COUNTY CODE 6-270(B)(2). WHEREAS, the Board of County Commissioners (BOCC) passed Ordinance No. 012-2025 on May 21, 2025, adopting amendments to Chapter 6 — Buildings and Construction, Article III — Construction Industry, updating the membership requirements and duties of the Contractors Examining Board, updating the procedure for disciplinary proceedings, updating the legal representation to the Contractors Examining Board, and updating the penalties and establishing a schedule of penalties; and WHEREAS, Ordinance No. 012-2025 established a new Schedule of civil penalties under Monroe County Code (MCC) 6-270(f), thus requiring that Citation forms be updated to reflect the new penalties; and WHEREAS,when appropriate, designated code enforcement inspectors may elect to issue a warning in lieu of a citation in order to gain compliance; and WHEREAS, pursuant to MCC 6-270(b)(2), citation forms must be prescribed by resolution of the BOCC. Now therefore, be it resolved by the Board of County Commissioners of Monroe County, Florida that: Section 1. The BOCC hereby prescribes the attached Citation forms (Citation (field), Citation (certified mail), and Warning) for use by designated code enforcement inspectors pursuant to MCC 6-270(b)(2). PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 16th day of July, 2025, held in Marathon, Florida. Mayor James K. Scholl Mayor Pro Tem Michelle Lincoln Commissioner Craig Cates Commissioner David Rice Commissioner Holly Merrill Raschein 2577 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Approved for form and legal sufficiency 6/30/25 Kelly Dugan Assistant Monroe County Attorney 2578 r r MONROE COUNTY FLORIDA Permit Case#: S BUILDING CODE VIOLATION CITATION MONROE COUNTY CONTRACTOR INVESTIGATOR UPON PERSONAL INVESTIGATION HAS REASONABLE AND PROBABLE GROUNDS TO ISSUE THE FOLLOWING CITATION ON: MONTH I DAY YEAR TIME ❑AM ❑PM THE FOLLOWING PERSON: Name of Violator First Middle Last Check(�> ❑ DL: ❑ Other: Source(ID) DOB: Vehicle Tag Make/Model/Color/Year: Home Address: City, State, Zip: E_ Business Name: Phone Business Mailing Address: City, State, Zip: AT PROPERTY LOCATION: Address: Subdiv., MM, and/or other location detail: DID UNLAWFULLY COMMIT THE FOLLOWING VIOLATION(S) OF MONROE COUNTY CODE/FLORIDA BUILDING CODE/FLORIDA STATUES: Note: Investigator may re-inspect to verify corrective action has been taken. Certificate of Competency Required: Unlicensed ❑ Contractor's license number on advertisements, ❑ Contractor(MCC 6-77) vehicles and contracts (MCC 6-234.(a),(b),(c)) Prohibited Actions:Work outside scope of license and Prohibited Actions:Aid &Abet:Contract an Unlicensed Elunpermitted work. (MCC 6-202.(1)) ❑ Contractor or Sub Contractor. (MCC 6-202.(8)) Prohibited Actions: Disregard or Violate building,safety, Violate County Ordinance,State Statutes 489, Construction ❑ health, insurance of workers compensation laws ❑ Standards/Administrative Rule(MCC 6-202.(11)(a)or(b)) (MCC 6-202.(5)) 11(a )&(b)) Prohibited Actions: Conspire/allow use of Certificate by ❑ unlicensed person. (MCC 6-202.(9)) ❑ Other ❑ ❑ This is a repeat violation, requiring appearance before Stop Work Order Issued Date: the Contractor's Examining Board (MCC 6-270.(g)) Fine Due: $ TOTAL AMOUNT DUE BY / / Pursuant to MCC 6-270(f)Schedule of Civil Penalties 'Checks shall be made payable to: MONROE COUNTY BUILDING DEPARTMENT. Failure to pay this violation or request an appeal within the time specified will constitute a waiver of your right to contest the citation. Such waiver shall constitute an admission of the violation(s)and a penalty or fines may be imposed against you. THE VIOLATION(S) WITH WHICH YOU ARE CHARGED IS A NON-CRIMINAL INFRACTION. YOUR SIGNATURE DOES NOT CONSTITUTE ADMISSION OF GUILT.FAILURE TO SIGN AND ACCEPT THIS CITATION SHALL BE A VIOLATION OF FLORIDA STATUES 162.21(6)AND SHALL CONSTITUTE A SECOND DEGREE MISDEMEANOR. Individual Name Printed Signature Date Time Investigator Name(Print) Investigator Signature Date Time REQUEST AN APPEAL HEARING DATE: Violator may request an Appeal Hearing date before the Contractors Examining Board within 10 (ten)days of receipt of this notice of violation exclusive of weekends and legal holidays.The request shall include your name, business name(if applicable), phone number, current mailing address and a copy of this citation. Submit, either by mail or in person only, to: Contractor Licensing Coordim'*^ Monroe County Building Department,2798 Overseas Highway Suite 300, Marathon, FL 33050 2579 Citation(field)approved BOCC 7/16/25 MONROE COUNTY FLORIDA �n BUILDING CODE VIOLATION CITATION Case# MONROE COUNTY CONTRACTOR INVESTIGATOR UPON PERSONAL INVESTIGATION HAS REASONABLE AND PROBABLE GROUNDS TO ISSUE THE FOLLOWING CITATION ON: MONTH I DAY YEAR TIME F C[:],M EEIM THE FOLLOWING PERSON Name of Violator First Middle Last Check(✓) DL: 0 Other: Source(ID) DOB: Vehicle Tag Make/Model/Color/Year: Home Address: City, State, Zip: Business Name: Phone Business Mailing Address: City, State, Zip: AT PROPERTY LOCATION: Address: Subdiv., MM, and/or other location detail: DID UNLAWFULLY COMMIT THE FOLLOWING VIOLATION(S) OF MONROE COUNTY CODE/FLORIDA BUILDING CODE/FLORIDA STATUES: Note: Investigator may re-inspect to verify corrective action has been taken. Certificate of Competency Required: Contractor's license number on advertisements, ❑ unlicensed Contractor(MCC 6-77) ❑ vehicles and contracts(MCC 6-234(a),(b),(c)) Prohibited Actions:Work outside scope of license Prohibited Actions:Aid&Abet: Contract unlicensed and unpermitted work. (MCC 6-202.(1)) ❑ Contractor or Sub Contractor. (MCC 6-202.(8)) Prohibited Actions: Disregard or Violate building,safety, Violate County Ordinance,State Statutes 489, ❑ health, insurance of workers, compensation laws ❑ Construction standards/administrative rule (MCC 6-202.(5)) (MCC 6-202(11)(a)or(b)) Prohibited Actions: Conspire/allow use of Certificate by ❑ unlicensed person. ❑ Other MCC 6-202. 9 ❑ This is a repeat violation, requiring appearance before Stop Work Order Issued Date the Contractor's Examining Board MCC 6-270.(g)) Fine Due: $ TOTAL AMOUNT DUE BY / / Pursuant to MCC 6-270(oSchedule of Civil Penalties "Checks shall be made payable to: MONROE COUNTY BUILDING DEPARTMENT. Failure to pay this violation or request an appeal within the time specified will constitute a waiver of your right to an administrative hearing. Such waiver shall constitute an admission of the violation(s)and a penalty or fines may be imposed against you. Individual Name Printed Signature Date Time Inspector Name(Print) Inspector Signature Date Time REQUEST AN APPEAL HEARING DATE: Violator may request an Appeal Hearing date before the Contractors Examining Board within 10 (ten)days of the receipt of this notice of violation, exclusive of weekends and legal holidays. The request shall include your name, business name(if applicable), phone number, current mailing address and a copy of this citation. Submit, either by mail or in person, only to: Contractor Licensing Coordinator, Monroe County Building Department,2798 Overseas Highway Suite 300, Marathon, FL 33050 Certified Mail: 2580 W:\Building\SOP\Inspectors\Investigator\Violation Notice v5.docx-07/16/2025 �G r MONROE COUNTY FLORIDA y l' Case# p BUILDING CODE VIOLATION NOTICE OF NON-COMPLIANCE ONE-TIME WARNING THE UNDERSIGNED CERTIFIES THAT UPON PERSONAL INVESTIGATION HE/SHE HAS REASONABLE AND PROBABLE GROUNDS TO ISSUE THIS ONE-TIME WARNING ON: MONTH I DAY YEAR TIME ❑AM❑PM THE FOLLOWING PERSON Name of Violator First Middle Last Check(✓) ❑ ❑ Source(ID) DL: Other: Date of Birth: Vehicle Tag Make/Model/Color/Year: Home Address: City,State,County Zip: Business Name: Phone F ) Business Mailing Address: City,State,County Zip: AT PROPERTY LOCATION: Address: Subdivision and/or MM DID UNLAWFULLY COMMIT THE FOLLOWING VIOLATION(S)OF MONROE COUNTY CODE/FLORIDA BUILDING CODE: ❑ STOP WORK,and obtain an Code:FS After-the-Fact Building Permit from ❑ Licensed Contractor or Owner 489.127(1)(h), Corrective working w/o Permit MCC ordinance Action: Building Department within 60 days 6-202(11)(a) maximum,from date of this notice Date: ❑ Register updated information Licensed Contractor working w/ Code:FS489.11, Corrective with Building Department ❑ Expired)/Insurance/Workman's MCC Ordinance Contractor Coordinator within 10 Compensation 6-202(5) Action: days of this notice: Date: ❑ Licensed Contractor working beyond MCC Ordinance Corrective STOP WORK scope of license 6-202(1) Action: ❑ Other: This Notice of Non-Compliance/Warning is intended to seek corrective action by you. In order to avoid disciplinary action,additional daily citations or fines against you,the violation(s)as noted must be corrected by the date as indicated. UPON COMPLIANCE,CONTACT THE CONTRACTOR INVESTIGATOR BY PHONE (305)289-2516 Instructions/ Notes for corrective action: COMPLIANCE DUE BY (Month), (Day), (Year) Individual Name Printed Signature Date Time Investigator/Inspector Name(Print) Inspector Signature Date Time Warning,BOCC approved 7/16/25 2581 �G r MONROE COUNTY FLORIDA y l' Case# p BUILDING CODE VIOLATION NOTICE OF NON-COMPLIANCE ONE-TIME WARNING THE UNDERSIGNED CERTIFIES THAT UPON PERSONAL INVESTIGATION HE/SHE HAS REASONABLE AND PROBABLE GROUNDS TO ISSUE THIS ONE-TIME WARNING ON: MONTH I DAY YEAR TIME ❑AM❑PM THE FOLLOWING PERSON Name of Violator First Middle Last Check(✓) ❑ ❑ Source(ID) DL: Other: Date of Birth: Vehicle Tag Make/Model/Color/Year: Home Address: City,State,County Zip: Business Name: Phone F ) Business Mailing Address: City,State,County Zip: AT PROPERTY LOCATION: Address: Subdivision and/or MM DID UNLAWFULLY COMMIT THE FOLLOWING VIOLATION(S)OF MONROE COUNTY CODE/FLORIDA BUILDING CODE: ❑ STOP WORK,and obtain an Code:FS After-the-Fact Building Permit from ❑ Licensed Contractor or Owner 489.127(1)(h), Corrective working w/o Permit MCC ordinance Action: Building Department within 60 days 6-202(11)(a) maximum,from date of this notice Date: ❑ Register updated information Licensed Contractor working w/ Code:FS489.11, Corrective with Building Department ❑ Expired)/Insurance/Workman's MCC Ordinance Contractor Coordinator within 10 Compensation 6-202(5) Action: days of this notice: Date: ❑ Licensed Contractor working beyond MCC Ordinance Corrective STOP WORK scope of license 6-202(1) Action: ❑ Other: This Notice of Non-Compliance/Warning is intended to seek corrective action by you. In order to avoid disciplinary action,additional daily citations or fines against you,the violation(s)as noted must be corrected by the date as indicated. UPON COMPLIANCE,CONTACT THE CONTRACTOR INVESTIGATOR BY PHONE (305)289-2516 Instructions/ Notes for corrective action: COMPLIANCE DUE BY (Month), (Day), (Year) Individual Name Printed Signature Date Time Investigator/Inspector Name(Print) Inspector Signature Date Time Warning,BOCC approved 7/16/25 2582 r r MONROE COUNTY FLORIDA Permit Case#: S BUILDING CODE VIOLATION CITATION MONROE COUNTY CONTRACTOR INVESTIGATOR UPON PERSONAL INVESTIGATION HAS REASONABLE AND PROBABLE GROUNDS TO ISSUE THE FOLLOWING CITATION ON: MONTH I DAY YEAR TIME ❑AM ❑PM THE FOLLOWING PERSON: Name of Violator First Middle Last Check(�> ❑ DL: ❑ Other: Source(ID) DOB: Vehicle Tag Make/Model/Color/Year: Home Address: City, State, Zip: E_ Business Name: Phone Business Mailing Address: City, State, Zip: AT PROPERTY LOCATION: Address: Subdiv., MM, and/or other location detail: DID UNLAWFULLY COMMIT THE FOLLOWING VIOLATION(S) OF MONROE COUNTY CODE/FLORIDA BUILDING CODE/FLORIDA STATUES: Note: Investigator may re-inspect to verify corrective action has been taken. Certificate of Competency Required: Unlicensed ❑ Contractor's license number on advertisements, ❑ Contractor(MCC 6-77) vehicles and contracts (MCC 6-234.(a),(b),(c)) Prohibited Actions:Work outside scope of license and Prohibited Actions:Aid &Abet:Contract an Unlicensed Elunpermitted work. (MCC 6-202.(1)) ❑ Contractor or Sub Contractor. (MCC 6-202.(8)) Prohibited Actions: Disregard or Violate building,safety, Violate County Ordinance,State Statutes 489, Construction ❑ health, insurance of workers compensation laws ❑ Standards/Administrative Rule(MCC 6-202.(11)(a)or(b)) (MCC 6-202.(5)) 11(a )&(b)) Prohibited Actions: Conspire/allow use of Certificate by ❑ unlicensed person. (MCC 6-202.(9)) ❑ Other ❑ ❑ This is a repeat violation, requiring appearance before Stop Work Order Issued Date: the Contractor's Examining Board (MCC 6-270.(g)) Fine Due: $ TOTAL AMOUNT DUE BY / / Pursuant to MCC 6-270(f)Schedule of Civil Penalties 'Checks shall be made payable to: MONROE COUNTY BUILDING DEPARTMENT. Failure to pay this violation or request an appeal within the time specified will constitute a waiver of your right to contest the citation. Such waiver shall constitute an admission of the violation(s)and a penalty or fines may be imposed against you. THE VIOLATION(S) WITH WHICH YOU ARE CHARGED IS A NON-CRIMINAL INFRACTION. YOUR SIGNATURE DOES NOT CONSTITUTE ADMISSION OF GUILT.FAILURE TO SIGN AND ACCEPT THIS CITATION SHALL BE A VIOLATION OF FLORIDA STATUES 162.21(6)AND SHALL CONSTITUTE A SECOND DEGREE MISDEMEANOR. Individual Name Printed Signature Date Time Investigator Name(Print) Investigator Signature Date Time REQUEST AN APPEAL HEARING DATE: Violator may request an Appeal Hearing date before the Contractors Examining Board within 10 (ten)days of receipt of this notice of violation exclusive of weekends and legal holidays.The request shall include your name, business name(if applicable), phone number, current mailing address and a copy of this citation. Submit, either by mail or in person only, to: Contractor Licensing Coordim'*^ Monroe County Building Department,2798 Overseas Highway Suite 300, Marathon, FL 33050 2583 Citation(field)approved BOCC 7/16/25 MONROE COUNTY FLORIDA �n BUILDING CODE VIOLATION CITATION Case# MONROE COUNTY CONTRACTOR INVESTIGATOR UPON PERSONAL INVESTIGATION HAS REASONABLE AND PROBABLE GROUNDS TO ISSUE THE FOLLOWING CITATION ON: MONTH I DAY YEAR TIME ❑AM ❑PM THE FOLLOWING PERSON Name of Violator First Middle Last Check(✓) ❑ DL: ❑ Other: Source(ID) DOB: Vehicle Tag Make/Model/Color/Year: Home Address: City, State, Zip: Business Name: Phone Business Mailing Address: City, State, Zip: AT PROPERTY LOCATION: Address: Subdiv., MM, and/or other location detail: DID UNLAWFULLY COMMIT THE FOLLOWING VIOLATION(S) OF MONROE COUNTY CODE/FLORIDA BUILDING CODE/FLORIDA STATUES: Note: Investigator may re-inspect to verify corrective action has been taken. Certificate of Competency Required: Contractor's license number on advertisements, ❑ unlicensed Contractor(MCC 6-77) ❑ vehicles and contracts(MCC 6-234(a),(b),(c)) Prohibited Actions:Work outside scope of license Prohibited Actions:Aid&Abet: Contract unlicensed ❑ and unpermitted work. (MCC 6-202.(1)) ❑ Contractor or Sub Contractor. (MCC 6-202.(8)) Prohibited Actions: Disregard or Violate building,safety, Violate County Ordinance,State Statutes 489, ❑ health, insurance of workers, compensation laws ❑ Construction standards/administrative rule (MCC 6-202.(5)) (MCC 6-202(11)(a)or(b)) Prohibited Actions: Conspire/allow use of Certificate by ❑ unlicensed person. ❑ Other MCC 6-202. 9 ❑ This is a repeat violation, requiring appearance before ( )Stop Work Order Issued Date the Contractor's Examining Board MCC 6-270.(g)) Fine Due: $ TOTAL AMOUNT DUE BY / / Pursuant to MCC 6-270(oSchedule of Civil Penalties "Checks shall be made payable to: MONROE COUNTY BUILDING DEPARTMENT. Failure to pay this violation or request an appeal within the time specified will constitute a waiver of your right to an administrative hearing. Such waiver shall constitute an admission of the violation(s)and a penalty or fines may be imposed against you. Individual Name Printed Signature Date Time Inspector Name(Print) Inspector Signature Date Time REQUEST AN APPEAL HEARING DATE: Violator may request an Appeal Hearing date before the Contractors Examining Board within 10 (ten)days of the receipt of this notice of violation, exclusive of weekends and legal holidays. The request shall include your name, business name(if applicable), phone number, current mailing address and a copy of this citation. Submit, either by mail or in person, only to: Contractor Licensing Coordinator, Monroe County Building Department,2798 Overseas Highway Suite 300, Marathon, FL 33050 Certified Mail: 2584 W:\Building\SOP\Inspectors\Investigator\Violation Notice v5.docx-07/16/2025