HomeMy WebLinkAboutO-22-12 Amend Building RegulationsORDINANCE NO. 0-22-12
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING THE CITY OF SEBASTIAN CODE
OF ORDINANCES, CHAPTER 26 — BUILDINGS AND BUILDING
REGULATIONS, ARTICLE II — BUILDING CODES; AMENDING SEC.
26-31 - TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI —
CONTRACTORS, DIVISION 2 — CONSTRUCTION BOARD;
ADOPTING A NEW SECTION 26-171 — PROHIBITED ACTIVITIES;
ADOPTING A NEW SECTION 26-172 — CAUSES FOR DISCIPLINARY
ACTION; REPEALING SECTION 26-174 — ENFORCEMENT OF
ARTICLE; AMENDING SECTION 26-175 — PENALTIES AND
APPEALS; AMENDING SECTION 26-197 — POWERS AND DUTIES;
PROVIDING FOR SEVERABH.ITY, PROVIDING FOR
CODIFICATION, PROVIDING FOR CONFLICTS, PROVIDING FOR
SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Sebastian, Indian River County, Florida, is a municipal
corporation duly created and existing pursuant to the Constitution and laws of the State of
Florida; and
WHEREAS, the city has designated a Construction Board process to advise to the City
Council concerning the city building and housing codes, their adoption, their amendment, and
the revision of the minimum state building codes or any standard published code or technical
regulation; and
WHEREAS, the Construction Board also reviews the action of contractors that have
been issued a certificate of competency by the board or a state certified contractor, who has
violated any provision of the City Building Codes; and
WHEREAS, in an effort to make more efficient Division 2, Chapter 26 of the city
code as it pertains to the building codes and unlicensed contractor activity procedures, staff
recommends amending sections pertaining to technical codes, prohibited activities, causes for
disciplinary action, penalties, appeals, powers and duties; and
WHEREAS, The City of Sebastian has determined that it is in the city's best interest
to update and make more efficient the procedures for Buildings and Building Regulations and
the Construction Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. CODE OF ORDINANCE. The Code of Ordinances, City of Sebastian, Florida is
hereby amended as follows:
Chapter 26 — Buildings and Building Regulations
Article H — Building Codes
Sec. 26-31. TECHNICAL CODES ADOPTED.
(a) The city does hereby adopt as building codes for the city the below -listed editions, copies
of which are on file in the office of the building department and which shall be accessible
to the public upon request during the normal business hours. Such codes, which shall be
referred to as the standard codes, are hereby made a part of the Code of Ordinances of the
city subject only to specific additions, deletions or amendments set out in the Code of
Ordinances, provided, however, the latest editions set forth in the Florida Statutes, as the
same may be amended from time to time, shall apply:
(1) Florida Building Code, Ims-and except Chapter 1, Administration; and
(22) Chapter 1, Model Administrative Code 2020, Building Officials
Association of Florida;
(21) NFPA 70: National Electrical Code;
(34) Florida Fire Prevention Code; and
(40 Unsafe Structures Abatement Code of the City of Sebastian.
Section 2. CODE OF ORDINANCE. The Code of Ordinances, City of Sebastian, Florida is
hereby further amended as follows:
Chapter 26 — Buildings and Building Regulations
Article VI — Contractors, Division 1 — Construction Board
Sec. 26-171. UNLICENSED CONTRACTORS: PROHIBITIONS: PENALTIES AND
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f 11 Falselv hold himself/herself or a business unionization out as a licensee.
certificate holder. rezistrant or holder of a certificate of comnetencv issued
by the board:
(2) Falsely i nnersonate a certificate holder or registrant or the holder of a
certificate of competencv issued by the board:
(3) Present as his/her own the certificate. registration. or certificate of
competency of another:
(4) Give false or foreed evidence to the board or member thereof for the
mumose of obtaining a certificate of commetenev:
(5) Use or attempt to use a certificate. registration or certificate of eommetenev,
which has been susmended or revoked:
(6) Engage in the business or act in the capacity of a contractor or advertise
himself or herself or a business organization as available to engage in the
business or act in the capacity of a contractor without being dulv
registered. certified or the holder of a certificate of comnetencv:
f11 Omerate a business organization engaged in contracting after sixtv (60)
days following the termination of its only cualifvine agent without
designating another nrimary cualifving agent:
(8) Commence or nerfonn work for which a building nermit is required
oursuant to this chanter without such building nermits being in effect:
(9) Willfully or deliberately disregard or violate anv city or county ordinance
relatine to uncertified or unregistered contractor:
(10) Act in the capacity of a contractor different from the scone of work for
which the contractor is certified to perform: or
(11) Fail to secure required insnections.
(12) Willfully and deliberatelv obtainina or attemotina to obtain a nennit for an
entity unregistered or unlicensed.
(b) The building official. assistant building official. building inspectors and licensing
investigators of the city building demartment are herebv designated. authorized and
charged with enforcement resnonsibilities to enforce the provisions of F.S. 66 489.127(1)
and 489.132(1) and Chanter 26 of this Code against persons who engage in activities for
which a city certificate of cwmmetencv is required.
(1) The enforcement authorities designated herein may issue a citation. as provided
herein. for anv violation of F.S. 66 489.127(I) and 489.132(1) and Chanter 26 of
this Code. whenever. based unon personal investigation, the enforcement officer
has reasonable and ombable grounds to believe that such a violation has occurred.
(2) The citation issued by an enforcement officer pursuant to this section shall be in
the form orescribed by the city council, which foam shall state:
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.
it. A brief descrintion of the violation and the facts constituting reasonable
cause.
C. The name of the enforcement officer.
f. The procedure for the person to follow in order to nav a civil oenalty or to
contest the citation.
g. The avolicable civil Denaltv if the person elects not to contest the citation.
(c) The maximum civil oenalty which may be levied nursuant to anv citation shall not exceed
Two thousand dollars ($2.000.00). The monies collected nursuant to this section shall be
retained by the city and shall be set aside in a specific fund to su000rt future enforcement
activities against unlicensed contractors.
.Ld) (1) The act for which a citation is issued shall cease upon the receipt of the citation.
(2) The person charged with the violation shall nav the civil nenalty in the manner
indicated on the citation or. within ten (10) days of receipt of the citation. exclusive of
weekends and legal holidays. reauest. in writing to the citv's contractor licensing office.
an administrative hearing before the city construction board to anneal the issuance of the
citation by the enforcement officer.
(3) Failure of the violator to anneal the decision of the enforcement officer within the
time neriod set forth herein shall constitute a waiver of the violator's right of an
administrative hearing. A waiver of the right to an administrative hearing shall be deemed
an admission of the violation and penalties may be imposed accordingly.
(41 Each day a willful. knowing violation continues shall constitute a senarate offense
under the nmvisions of this section.
(5) If the violator has not contested the citation or Daid the civil oenalty within the time
frame allowed on the citation. the construction board shall enter an order that the violator
nav the civil Denalty set forth on the citation. A hearing_ shall not be necessary_ for the
issuance of such order.
(6) a. If the person charged with the violation has. within the time fame allowed,
guested an administrative hearing before the construction board to anneal the issuance
of the citation by the enforcement officer. the construction board shall conduct a hearing
to determine the validitv of the citation and. if it finds the violation exists. determine the
memoriam civil oenalty.
b. If the person charged with the violation fails to nav the civil nenalty as set forth on the
citation. the enforcement officer may request a hearing before the construction board and.
after notice to the violator. the construction board shall conduct a hearing to determine
the validitv of the citation and. if it finds that violation exists. determine the aunmDriate
civil uenalty.
(7) If the construction board finds that a violation exists the board may order the violator
to oav a civil oenalty of not less than the amount set forth on the citation but not more
than two thousand dollars ($2.000) oer day for each violation. In determining the amount
of the oenalty the construction board shall consider the following factors.
a. The gravity of the violation.
b. Anv action taken by the violator to correct the violation.
C. Anv previous violations created by the violator.
(8) If the person or its designated representative shows that the citation is invalid or that
the violation has been corrected Drier to appearing before the construction board. the
board may dismiss the citation unless the violation is irreparable or irreversible.
(9) A certified conv of an order hnnosing a civil oenalty against an unlicensed contractor
may be recorded in the public records and thereafter shall constitute a lien against anv
real or personal Dronertv owned by the violator. Upon netition to the circuit court. such
order may be enforced in the same manner as a court iudgment by the sheriffs of this
state including a low against personal cronertv: however. such order shall not be deemed
to be a court iudgment except for enforcement ournoses. After three (3) months from the
filing of anv such lien which remains unmaid. the construction board may authorize the
foreclosure on the lien. No lien created pursuant to the Drovisions of this section may be
foreclosed on real mmnerty which is a homestead under Section 4. Article X of the State
Constitution.
L2) An aggrieved nartv. including the city. may anneal a final administrative order of
the construction board to the circuit court. Such an anneal shall not be a hearing de novo
but shall be limited to anpellate review of the record created before the construction
board. An anneal shall be filed within thirtv (30) days of the execution of the order
appealed.
(11) All notices reunited by this section shall be provided to the alleged violator by
certified mail: by hand-deliverv: by leaving the notice at the violator's usual place of
residence with some person of his family above fifteen (15) vears of age and informing
such person of the contents of the notice: by costing the violator's usual place of
residence. no fewer than ten (10) days before anv hearing: or by including a hearing date
within the citation.
(12) Anv Derson who willfully refuses to sign and accent a citation issued by an
enforcement officer commits a misdemeanor of the second degree Dunishable as orovided
by F.S. 66 775.082 or 775.083.
(13) If the Violator elects to actively pursue the process of obtaining his or her own
certificate of commetencv, within two months of receiving a citation. the violator will be
entitled to a one hundred fiftv dollar ($150.00) refund of the paid citation fee up_ on
issuance of the certificate of commetencv.
(e) Nothing contained herein shall Drohibit the city from enforcing its codes or ordinances by
anv other means.
Sec. 26-172 CAUSES FOR DISCIPLINARY ACTION.
The following Acts constitute cause for disciplinary action under this article:
(11 Obtainine a certificate by fraud or misrepresentation:
(2) Committing fraud or deceit in the practice of contracting:
(3) Committing incomnetencv or misconduct in the practice of contracting: and
(4) Committing gross negligence. repeated negligence. or negligence resulting
in a significant danger to life or mropertv.
(5) Abandoning a construction oroiect in which the contractor is engaged or
under contract as a contractor. A oroiect may be oresurned abandoned after
ninety (90) days if the contractor terminates the oroiect without iust cause
or without nroner notification to the owner. including the reason for
termination. or fails to _nerfomr work without iust cause for ninety (90)
consecutive days.
16) Committing mismanagement or misconduct in the oractice of contracting
that causes financial harm to a customer. Financial mismanagement or
misconduct occurs when:
(a) Valid liens have been recorded against the nronertv of a contractor's
customer for suoolies or services ordered by the contractor for the
customer's iob: the contractor has received funds from the customer to oav
for the sunnlies or services: and the contractor has not had the liens
removed from the onmertv. by oavment or by bond. within seventv-five
(751 days after the date of such liens:
(b) The contractor has abandoned a customer's iob and the nercentaee
of completion is less than the nercentaee of the total contract nrice paid to
the contractor as of the time of abandonment. unless the contractor is
entitled to retain such funds under the terns of the contract or refunds the
excess funds within thirty (30) days after the date the iob is abandoned: or
(c) The contractor's iob has been completed. and it is shown that the
customer has had to oav more for the contracted iob than the original
contract once. as adiusted for subseauent change orders. unless such
increase in cost was the result of circumstances caused by the customer. or
was otherwise Dermitted by the terms of the contract between the contractor
and the customer.
(7) Substantial departure from. or disregard. of clans or specifications without
consent the owner or his dulv authorized reuresentative:
(8) Knowingly or deliberately disregarding or violating any anDlicable building
codes or laws of the state. county or the city:
(9) Willfully and deliberately engaging in a tvoe or class of contracting for
which the contractor is not licensed or registered;
(10) Being disciolined by any other municipality or county;
(11) Failing to actively supervise construction Droiects for which the contractor
has aoDlied for and obtained a building permit: or for Dmiects for which the
contractor is. by contract. responsible:
(121 Contracting with persons or firms not having a certificate of comnetencv
issued by the city for work or services to be performed within the city when
said Demons or firms are reeuired by this chanter to possess such a
certificate of comoetencv in order to perform the contracted work or
services• and
(13) Proceeding on any iob without obtaining the aoolicable building
deoartment hermits and inspections.
(14) Being convicted or found guilty. regardless of adiudication. of a crime in
any imisdiction which directly relates to the Dractice of contracting or the
ability to Dractice contracting.
(151 Knowingly combinina or consoiring with an uncertified or unregistered
Demon by allowing his certificate or registration to be used by the
uncertified or umeastered person with intent to evade the orovisions of this
code. When a certificate holder or registrant allows his certificate or
registration to be used by one (1) or more business organizations without
having any active DariciDation in the operations, managemenL or control
of such business oreanizations. such act constitutes nrima facie evidence of
intent to evade the movisions of this Code.
(16) Failure in any material respect to timely comDly gjth an Order issued by the
Board.
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See.26-174. RESERVED
See. 26-175. - Penalties and Appeals.
(a) In addition to the penalties that may be imposed and other remedies that may be available to
the city which are provided for elsewhere in this section, any person who violates any provisions
of section 26-171 or commits any of the acts constituting cause for disciplinary action as set forth
in section 26-172 shall be guilty of a violation of the provisions of this article, and upon
eanvietien a Findine by the Construction Board thereof, shall be subject to the penalties of
section 1-10.
(b) In addition to the penalties and other remedies that may be imposed elsewhere in this section,
the board may issue a cease and desist order to prohibit any person from engaging in the business
of contracting who does not hold the required state certification or local certificate of
competency for any work being performed by that person or his employees or agents under this
article.
(c) If a state certified contractor or a contractor possessing a certificate of competency issued by
the board pursuant to this article is found by the board, after a Ouasi-Judicial due -proses
hearing, to be guilty of fraud or a willful building code violation in the city, or if the board
possesses proof that such contractor, through a due process hearing preeess, has been found
guilty in another city or county within the 12-month period of fraud or a willful building code
violation, and the board finds, after providing notice to the contractor, that such fraud or
violation would have been fraud or a violation of a building code of the city if committed in the
city, then the board may, in addition to the penalties that may be imposed, and other remedies
that may be available to the city which are provided for elsewhere in this section, deny the
issuance of a building permit to such contractor or issue a building permit with specific
conditions which the board determines to be necessary to protect the public health, safety and
general welfare. The board shall provide notification of, and information concerning, any denial
of a building permit pursuant to this provision to the department within 15 days after the board
decides to deny such building permit.
(d) In addition to the penalties that may be imposed and other remedies that may be available to
the city which are provided for elsewhere in this section, the board may impose an administrative
fine in an amount not to exceed %500:00 $1.000.00 ner violations.; Additional fines may include
additional fees for investigative and legal costs incurred in the context of certain disciplinary
cases heard by the board, which shall be recoverable by the board only in an action at law not to
exceed S250.00.
(a) In addition to the penalties that may be imposed and other remedies that may be available to
the city which are provided for elsewhere in this section, the board is authorized to take the
following disciplinary actions against the holder of a certificate of competency issued by the
board pursuant to this article, where such holder has failed to timely comDIv with a Construction
Board's Order been found to violate section 26-171 or has engaged in any of the acts or
omissions which constitute cause for disciplinary action pursuant to section 26-172.
Sec. 26-197. POWERS AND DUTIES.
The construction board shall have the following powers and duties:
*****
(4) Review of violations of this article. On the motion of the board, on a notice of hearing issued
by an investigator, buildine official or on the verified written complaint of any person, the board
may review the actions of any person, including a contractor that has been issued a certificate of
competency by the board pursuant to this article or a state certified contractor, who has violated
any provision of this article. The board may hold due—preeess auasi-iudicial hearings and
thereafter take appropriate disciplinary action as authorized pursuant to this article if the person,
including a state certified contractor or a contractor holding a certificate of competency from the
board pursuant to this article and including an entity qualified by a contractor who is state
certified or holds a certificate of competency from the board pursuant to this article, is found to
be in violation of one or more of the acts or omissions constituting a prohibited activity pursuant
to section 26-171 or constituting cause for disciplinary action pursuant to section 26-172 to the
extent not reserved to the department to the exclusion of the board.
Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall determine
that any part of this Ordinance is invalid, 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 provision. It shall further be assumed that the City Council would have enacted the
remainder of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 4. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
Sebastian City Council that the provisions of this ordinance shall become and be made a part of
the City of Sebastian's Code of Ordinances, and that the sections of this ordinance may be
renumbered or re -lettered and the word "ordinance" may be changed to "section," "article,"
"regulation," or such other appropriate word or phrase in order to accomplish such intentions.
Section 5. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. 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
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corrected or re -codified copy of same with the City Clerk.
Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon approval at second
reading by the City Council and signature of the Mayor.
The foregoing Ordinance was moved for adoption by Council Member Dodd
The motion was seconded by Council Member Munn and, upon being put to a
vote, the vote was as follows:
Mayor Jim Hill
aye
Vice Mayor Fred Jones
aye
Council Member Christopher Nunn
aye
Council Member Ed Dodd
aye
Council Member Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted on this 13th day of
July 2022.
CITY OF SEBASTIAN, FLORIDA
By:
4JimilTjMayor - -
ATTEST:
Approved as to form and legality for
Yanette Williams, City Clerk reliance by the City of Sebasti only:
Ci yM ,)r.,/
City Atto ey
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