HomeMy WebLinkAboutO-18-09 Retired Contractor ParticipationORDINANCE NO. 0-18-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO THE CONSTRUCTION BOARD; AMENDING THE CODE OF
ORDINANCES, CHAPTER 26 "BUILDINGS AND BUILDING REGULATIONS" BY
PROVIDING FOR RETIRED CONTRACTOR PARTICIPATION BY AMENDING
SECTION 26-191 "MEMBERSHIP; TERMS; FILLING OF VACANCIES"; PROVIDING
FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, City Code of Ordinances Chapter 26 provides that the Construction Board be
composed of contractors with specific trades, as far as practical, and one concerned citizen; and
WHEREAS, in an effort to ensure matters before the Construction Board are addressed with
industry expertise, the members shall hold a valid certificate issued by the state or another jurisdiction;
and
WHEREAS, specific trade vacancies have remained on the Board for many years now and the
City is fortunate to have experienced, resident retirees that may be interested in giving back to their
community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
SECTION 1. Section 26-191. Membership; terms; filling of vacancies is hereby amended to
read as follows:
(a) The city construction board shall be composed of seven members and, as far as practical,
shall consist of two licensed or certified contractors (residential, building, general), one electrical
contractor, one heating and ventilation contractor, one architect or engineer, one plumbing contractor,
and one concerned citizen. The city council may also appoint one or two alternate members who shall
serve as necessary to assemble a maximum of seven voting members of the board. It is preferred that
the alternate members consist of one licensed or certified contractor and one concerned citizen. All
members and alternate members shall be appointed by the city council, pursuant to section 2-170 of
this Code.
(b) To be eligible for appointment, except as otherwise provided in this section, each contractor
member shall be actively engaged in construction in the city, [or] have an established business in the
city limits.
(c) Each member of the board shall currently or formeriv hold a valid license or certificate issued
by the board or the state in addition to having the qualifications required in subsection (b) of this
section, excepting the one concerned citizen member and alternate concerned citizen. A member who
formeriv held a license or certificate, but retired with that license or certificate in 000d standina. may be
considered aualified for an aDDrooriate seat and is exempt from section (b) above. If any member of the
board, at any time during his term, no longer possesses the required qualifications because of adverse
action beino taken aoainst his/her license or certificate by a Droner authoritv, such member shall be
automatically suspended for 30 days; then, unless qualified within 30 days, shall be replaced.
SECTION 2. CODIFICATION. The sections of the ordinance shall be codified within the City's
Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be
changed to "section," "division," or any other appropriate word.
SECTION 3. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or
re -codified copy of same with the City Clerk.
SECTION 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance
shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not
intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City
Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional
provision, thereby causing said remainder to remain in full force and effect.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember Kinchen . The motion
was seconded by Councilmember McPartlan and, upon being put to a vote, the vote was as
follows:
Mayor Jim Hill
aye
Vice -Mayor Linda Kinchen
ave
Council Member Ed Dodd
ave
Council Member Albert lovino
aye
Council Member Bob McPartlan
aye
The Mayor thereupon declared this Ordinance duly passed and adopted this8th day of August
2018.
A EST:
vette Williams, MMC
ity Clerk
Approved as to form and Legality for
Reliance by the City of Sebastian only:
Jame
Cit Attorney= -.
CITY OF SEB'AS?IAN. FLORIDA
By: /V`---
Hill, Mayor