HomeMy WebLinkAboutO-88-22ORDINANCE NO. 0-88-22
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AMENDING SECTION 7-100 OF THE CODE OF ORDINANCES BY
ADDING A NEW PARAGRAPH (J) AND THEREBY AUTHORIZING THE
CONSTRUCTION REVIEW BOARD UNDER CERTAIN CIRCUMSTANCES
TO REQUIRE THAT ANY INDIVIDUAL EXCEPT A STATE CERTIFIED
CONTRACTOR OR ENTITY UNDER THE BOARD'S JURISDICTION TO
OBTAIN A PAYMENT AND PERFORMANCE BOND AS A PREREQUISITE
TO OBTAINING A BUILDING PERMIT FROM THE CITY; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, AS FOLLOWS:
SECTION
That a new sub-paragraph (J) be added to Section 7-100 of
the code of ordinances of the City of Sebastian, which new sub-
paragraph reads as follows:
"(J) Payment and ~ Bond.
(1) The Construction Board is authorized to require that a
contractor (except a contractor certified by the State of
Florida) corporation, or other entity under its jurisdiction
obtain a payment and performance bond as a pre-requisite to being
able to obtain a building permit from the City of Sebastian if,
after an evidentiary hearing thereon, a majority of the members
of the Board present to vote on the issue, finds that the
individual or entity presents a substantial risk of not being
able or willing to fully complete the job or project for which
the building permit is requested or needed to authorize the job
or project. Evidence on which such a finding of the need for
such a bond or bonds may be based consists of any one or more of
the following findings of fact:
(i) A claim of lien in excess of $2,000.00 has been filed
against the individual or entity and has not been cleared, or,
(ii) the individual or entity has any judgement for money
damages or unpaid debt entered by any court of Florida if the
judgement is reasonably related to the type of work for which the
needed building permit relates, and the judgement has not been
satisfied, or,
(iii) the individual or entity has failed to fully perform
any other contract for work of the type that is the subject of
the needed building permit and the failure to perform the
contract is reasonably within the control of the individual or
entity, or,
(iv) any officer or employee of a corporation was an officer
or employee of another corporation at a time when and the other
corporation violated any of the provisions of sub-paragraphs (i),
(ii), or (iii), above.
(v) For any other violation listed in this Section 7-100,
above, if the violation could reasonably render the individual or
entity a substantial risk of not being able or willing to fully
complete the job or project for which the building permit is a
prerequisite.
(2) The amount of the payment and performance bond shall be
set by the board and may be up to the contract price, if any, or
the full estimated cost to complete the job or project for which
the building permit pertains, or as such in the absence of a
contract.
(3) The requirement to obtain a payment and performance
bond or bonds may also be one of the conditions prescribed in
paragraph (d), above, if such bond or bonds are reasonably
related to the type of violation found by the Board to have
occurred. The authority to require a bond or bonds shall not be
imposed, however, if the individual or entity is certified in the
specific trade by an Agency of the State of Florida and if such
certification prohibits the imposition of a payment and
performance bond as a matter of law due to state preemption. The
burden of proving state preemption shall be upon the individual
or entity that is the subject of the hearing."
SECTION II
This Ordinance shall be effective immediately upon final
passage.
c 35 or S AST N, F ,ORIDA
...............
Richard B. Votapka, Mayor
ATTEST:
'~a'th~y~'~. o'Halio~an, ~MC/AAE
City Clerk
I HEREBY CERTIFY that notice of pu~blic hearing on this
ordinance was duly published in the -~ ~~ , a
newspaper of general circulation as required by Florida Statute;
that public hearing on this ordinance was held at 7:00 P.M. in
City Council Chambers on the *l~ day of h~geari~ , 1988, and
that on that date, following the public hereon, this
Ordinance was duly passed by the City Council by a vote of
votes for passage and _/) votes against passage.
!
Kathr~n M. O Halloran, CMC/AAE
City Clerk
Approved as to Form and Legal
Suff!ciency: