HomeMy WebLinkAboutO-90-01ORDINANCE NO.: O-90-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 2-93 PERTAINING TO
THE JURISDICTION OF THE SEBASTIAN CODE ENFORCEMENT
BOARD; AMENDING ARTICLE VII OF THE CODE OF ORDINANCES
OF THE CITY OF SEBASTIAN PERTAINING TO CONTRACTORS;
AMENDING SECTION 7-91 TO PROVIDE FOR ADDITIONAL
DEFINITIONS; AMENDING SECTION 7-92 TO PROVIDE
PROCEDURES FOR REMOVAL OF MEMBERS OF THE CONSTRUCTION
BOARD; AMENDING SECTION 7-92.1 TO PROVIDE FOR
INVESTIGATORS TO ASSIST IN THE ENFORCEMENT OF ARTICLE
Vii; AMENDING SECTION 7-92.2 PERTAINING TO THE POWER OF
THE SEBASTIAN CONSTRUCTION BOARD TO REVIEW VIOLATIONS
OF ARTICT~ VII; AMENDING SECTION 7-98 PERTAINING TO
PUBLIC ACCESS TO RECORDS; AMENDING SECTION 7-99
PERTAINING TO CERTAIN PROHIBITED ACTIVITIES; AMENDING
SECTION 7-100 PERTAINING TO REVOCATION OR SUSPENSION OF
CERTIFICATES OF COMPETENCY; AMENDING SECTION 7-101
PERTAINING TO THE APPLICATION OF ARTICr~ VII TO OTHER
MUNICIPAL POWERS AND ACTIONS; AMENDING SECTION 7-102
PERTAINING TO EXEMPTIONS FROM ARTICLE VII; AMENDING
SECTION 7-103 PERTAINING TO REFERENCES TO THE BUILDING
OFFICIAL; PROVIDING FOR EXEMPTIONS; PROVIDING FOR THE
REQUIRING OF PAYMENT AND PERFORMANCE BONDS UNDER
CERTAIN CIRCUMSTANCES; PROVIDING FOR PENALTIES;
PROVIDING FOR APPEALS; PROVIDING THAT THE ORDINANCE IS
SUPPI.k~4ENTAL; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the construction industry is a matter substantially
affecting the public interest; and,
WHEREAS, to protect the health, safety and general welfare
of the public, it is necessary to ensure; that individuals and
entities engaged in the construction industry are duly qualified
and that construction is performed in accordance with the Code of
ordinances of the City of Sebastian; and,
WHEREAS, existing laws, ordinances
and enforcement
procedures have not ensured substantial compliance; and,
WHEREAS, certain measures can be taken to better regulate
the construction industry and enforce the laws and ordinances
enacted to protect the public health, safety and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1.
Section 2-93 of the Code of Ordinances of the City of
Sebastian is hereby amended by amending existing Section 2-
93(a)(16) and by adding Section 2-93(a)(17) to read as follows:
"(16) Land Development Code; and,
(17) Contractors (Article VII, Chapter 7, Code of
Ordinances), or any other provision of the Code of Ordinances as
allowable pursuant to Chapter 162 of Florida Statutes, as amended
pursuant to Chapter 89-268 of the Laws of Florida, and as such
may be amended, and any rules or regulations adopted thereunder."
Section 2.
Section 7-91 of the Code of Ordinances of the City of
Sebastian is hereby amended by adding the following additional
definitions to be added in alphabetical order and to revise the
definition of "specialty contractors" as set forth in Paragraph
7-91(7) to read as follows:
"Application for Permit means any permit application made
under the Standard Building Code, Standard Plumbing Code,
Standard Mechanical Code, Standard Gas Code, National Electrical
Code, Standard Fire Code, or any other building code or technical
code contained in or adopted by reference in the Code of
Ordinances of the City of Sebastian and the Sebastian Land
Development Code, as such have been, or may be, amended,
including all documents submitted with any permit application.
Department means the Florida Department of Professional
Regulation or, where applicable, the Florida Construction
Industry Licensing Board.
Investigator means an individual authorized by the City
Council to enforce the provisions of this Article who has the
authority to issue citations and who shall include the Director
of Community Development, the building official and code
enforcement officers, as well as those individuals authorized by
Resolution adopted by the City Council from time to time.
Person means an individual, any business or nonbusiness
entity, corporation, partnership, joint venture, unincorporated
association, trust, estate, club or society.
State-Certified means any contractor who possesses a
Certificate of Competency issued by the Department and who is
allowed to contract in any jurisdiction in the State of Florida
without being required to fulfill the competency requirements of
the City under this Article.
State-Certification means the act of obtaining or holding a
Certificate of Competency from the Department as provided in
Chapter 489, Florida Statutes (1989) as amended from time to time
or any rule or regulation promulgated thereto.
Specialty Contractors are those who can qualify with a
minimum of two (2) years experience, one-half (1/2) of which must
be in a supervisory capacity, who specialize in one or more
crafts of the building construction and related contracting
trades whose scope is less than those contractors defined above
and as limited under the certificate of competency issued by the
board to such specialty contractor. The board may further
classify and define specialty contractors in such rules and
regulations it promulgates in accordance with this Chapter. All
specialty contractors must receive a passing grade of at least
seventy-five (75) on the examination for their trade which is
administered by Block & Associates. Provided, however, that the
following types of specialty contractors shall be exempt from the
testing requirements of this section:land clearing and grading,
insulation, floor covering, garage door installation, cabinet
installation, landscaping, aluminum non-structural, water pump,
pressure cleaning and mildew control, roofing limited, sign
painting, vacuum systems, and fences."
Section 3.
Section 7-92 of the Code of ordinances of the City of
Sebastian is hereby amended by adding Section 7-92(g) to read as
follows:
"(g) Removal_of Board Member. The City Council shall have
the power to remove any member of the board for any reason
provided by the laws of the State of Florida. In addition, the
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city Council shall have the power to remove any member of the
board if that member fails to attend three (3) consecutive
meetings without having been excused by the Chairperson, or upon
the written recommendation to remove a member which is submitted
by the board to the City Council which a majority of the board
votes in favor of submitting to the City Council which sets forth
specific reasons indicating that the member is not fulfilling his
or her duties as a member of the board. Such written
recommendation shall indicate the votes of the board members with
respect to the written recommendation."
Section 4.
Section 7-92.1 of the Code of Ordinances of the City of
Sebastian is hereby amended by amending existing Section 7-
92.1(b) to read as follows:
"(b) Clerk. The building official shall appoint a City
employee to be the board clerk. The clerk shall record all
meetings of the board and shall prepare minutes of each meeting,
which state all motions, the vote of each member upon each
question or motion, and a statement as to any member who is
absent or failed to vote.
summary or outline form,
deliberations of the board.
The minutes of the board may be in a
but shall accurately reflect the
The clerk shall perform such other
functions assigned to the clerk by the board."
Section 5.
Section 7-92.1 of the Code of Ordinances of the City of
Sebastian is hereby amended by adding Section 7-92.1(d) to read
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as follows:
"(d) Investiqators. Investigators under the direction of
the Director of Community Development or his designee are hereby
charged with the enforcement responsibilities of this Article.
An investigator is authorized to issue citations in accordance
with Section 7-104 for any violation under this Article when,
based upon personal investigation, the investigator has
reasonable probable grounds to believe that a violation under any
provision of this Article has occurred. Investigators shall not
have the power of physical arrest nor shall they be authorized
pursuant to this Article to bear arms. Nothing herein contained
shall be construed to authorize or permit any investigator to
perform any function or duty of a law enforcement officer other
than as specified herein. An investigator may also issue any
person a Notice of Hearing in lieu of a citation whereby the
alleged violator would then appear before the board in accordance
with Section 7-92.2(e)."
Section 6.
Section 7-92.2 of the Code of Ordinances of the City of
Sebastian is hereby amended by amending existing Section 7-
92.2(e) to read as follows:
"(e) Review of Violations of this Article. On the Motion of
the board, on a Notice of Hearing issued by an investigator 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
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this Article or a state-certified contractor, who has violated
any provision of this Article. The board may hold due process
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 7-99 or constituting cause for disciplinary
action pursuant to Section 7-100 to the extent not reserved to
the Department to the exclusion of the board."
Section 7.
Section 7-98(a) of the Code of Ordinances of the City of
Sebastian is hereby amended in its entirety to read as follows:
"(a) Ail information provided to the board by any applicant
for certification shall be a public record except to the extent
exempted from the provisions of requiring public access to public
records under the laws of the State of Florida. Any applicants
for a certificate of competency shall be informed that their
application, examination, examination scores and other financial
records which are received by the city shall become a public
record."
Section 8.
Section 7-99 of the Code of Ordinances of the City of
Sebastian is hereby amended in its entirety to read as follows:
"Sec. 7-99. Prohibited activities.
(a) It is unlawful for any person to engage in the business
or act in the capacity of a contractor without being a state-
certified contractor holding a state-certification or being in
lawful possession of a Certificate of competency issued by the
board pursuant to this Article.
(b) It is unlawful for any person who possesses a current
Certificate of Competency issued by the board pursuant to this
Article or a state-certification issued by the Department to
contract with or utilize the services of another person engaging
in the business or acting in the capacity of a contractor where
such other person does not hold a state-certification or a
Certificate of Competency for engaging in the type of contracting
business that such other person operates in the corporate limits
of the City. This prohibition shall be enforceable even if the
unlicensed contractor does not have an office in the City, so
long as the unlicensed contractor performs or contracts to
perform the services of a contractor in the corporate limits of
the City for the person holding a state-certification or a
Certificate of Authority issued by the board pursuant to this
Article.
(c) It is unlawful for a person required to possess, but
not possessing, a current Certificate of Competency issued by the
board pursuant to this Article or a state-certification issued by
the Department to advertise to the public in a newspaper,
magazine, handbill, flyer, airwave transmission or telephone
directory, or by issuance of a card or other communication or
other advertising medium, that he is a contractor or is qualified
to act in business as a contractor, pursuant to a Certificate of
Competency issued by the board pursuant to this Article or a
state-certification issued by the Department.
(d) It is unlawful for a contractor who possesses a
Certificate of Competency issued by the board pursuant to this
Article or a state-certification issued by the Department to fail
to include his Certificate of Competency Number or state-
certification or registration number in any publication which is
primarily circulated, displayed, distributed or marketed within
the City which advertisement identifies a contractor or entity
offering services regulated by Chapter 489 of Florida Statutes,
as amended from time to time, or by this Article, unless the
advertisement included the Certificate of Competency Number or
state-certification or registration number issued to that
contractor. Nothing in this Section shall be construed as
requiring that the publisher not publish any advertisement which
does not include a Certificate of Competency Number or a state-
certification or registration number, nor determine or
investigate whether a Certificate of Competency Number or a
state-certification or registration number is required, whether
the license number given is accurate, nor determine or
investigate whether the person whom the advertisement is
published is state-certified or holds a Certificate of Competency
issued by the board pursuant to this Article."
Section 9.
Section 7-100 of the Code of Ordinances of the city of
Sebastian is hereby amended in its entirety to read as follows:
"Sec. 7-100. Causes for Disciplinary Action.
The following acts constitute cause for disciplinary action:
(1) Willful or deliberate disregard or violation of the
applicable building codes of the city;
(2) Aiding or abetting a person who is not a state-
certified contractor or a contractor who possesses a Certificate
of Competency issued by the board pursuant to this Article VII to
evade any provision of this Article. Utilizing or contracting
with an unlicensed contractor or subcontractor is prima facia
evidence of engaging in such an act;
(3) Knowingly combining or conspiring with an uncertified
person with intent to evade the provisions of this Article. When
a person holding a Certificate of Competency issued by the board
pursuant to this Article or a state-certification allows his
certificate or state-certification to be used by one or more
companies without having any active participation in the
operations, management or control of such companies, this act
shall constitute prima facie evidence of an intent to evade the
provisions of this Article;
(4) Acting in the capacity of a contractor under any
Certificate of Competency issued by the board pursuant to this
Article or any state-certification issued by the Department,
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except in the name of the certificate holder as set forth on the
issued Certificate of Competency or the state-certification or in
accordance with the personnel of the certificate holder as set
forth in the application for the certificate or state-
certification, or as later changed as provided in this Article or
pursuant to Chapter 489 of Florida Statutes, as amended from time
to time or any rule or regulation promulgated pursuant thereto;
(5) Diversion of funds or property received for the
completion of a specified construction project or operation or as
a result of the diversion the contractor is or will be unable to
fill the terms of his obligation or contract;
(6) Failure in any material respect to comply with the
provisions of this Article;
(7) Failure to maintain insurance coverage as set by the
board;
(8) Failure to provide proof of workmen's compensation
insurance to the building official or his designees upon demand
for same;
(9) Falsification of application or testimony given before
the board;
(10) Abandonment of a construction project in which the
contractor is engaged or under contract as a contractor. A
project is to be considered abandoned if the contractor
terminates said project without notification to the prospective
owner or current owner for at least thirty (30) days without just
cause, such as acts of God causing construction delay;
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(il) Cheating on the examination required by this Article;
(12) Giving or offering to give directly or indirectly any
City employee, council member, the Mayor or board member anything
of value, monetary or otherwise, with intent to influence such
employee or board member in the discharge of his or her duties
under the provisions of this Article;
(13) Attempting or threatening to coerce or coercing
through physical act, injury or damage to the Mayor, or to any
council member, board member, City employee or any family member
or property of any board member or City employee, with intent to
influence such board member or employee in the discharge of his
or her duties under the provisions of this Article; or,
(14) The filing of a Petition in Bankruptcy, either
voluntarily or involuntarily, the making of an assignment for the
benefit of creditors or the appointment of a receiver for a
contractor or an entity which is qualified to engage in the
business of a contractor by the holder of a Certificate of
Competency issued by the board or a state-certification issued by
the Department. Provided, however, that such act shall only
empower the board to take such action as allowable under the laws
of the State of Florida or the United State of America, or to the
extent otherwise allowable pursuant to this Article VII."
Section 10.
Section 7-102 of the Code of Ordinances of the City of
Sebastian is hereby amended in its entirety to read as follows:
"Sec. 7-102. Exemptions. The exemptions provided by Section
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489.103 of Florida Statutes (1989), as amended or supplemented
from time to time, shall also constitute exemptions from the
provisions of this Article VII."
Section 11.
Section 7-103 is hereby amended to read as follows:
"(a) The provisions of this Article VII shall be deemed
supplemental to, and not in conflict with or in preemption of,
the provisions of Article V of Chapter 2 of the Code of
Ordinances conCerning the Sebastian Code Enforcement Board. To
the extent provided in Article V of Chapter 2 of the Code of
Ordinances, the Sebastian Code Enforcement Board shall have
concurrent jurisdiction over the enforcement of any of the
provisions of this Article VII."
Section 12.
Section 7-104 of the Code of Ordinances of the City of
Sebastian is hereby reserved for future use.
Section 13.
Section 7-105 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"Sec. 7-105. Payment and Performance Bonds.
(a) The board is authorized to require a contractor who
holds a Certificate of Competency issued by the board pursuant to
this Article, including a corporation or other entity which the
certificate holder has qualified, obtain a payment and
performance bond as a prerequisite to being able to obtain a
building permit or other development order from the City if,
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after an evidentiary hearing thereon which provides due process
to the adversely affected parties, the board finds that the
contractor or the entity which such contractor has qualified
presents a substantial risk of not being able or willing to fully
complete a job or project for which a building permit or other
development order 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 shall consist of any one or more of
the following findings of fact:
(1) A Claim of Lien in excess of $2,000.00 has been
filed in connection with the real property the contractor or
entity which the contractor has qualified is working on, whereby
the Claim of Lien avers that the contractor or entity has not
made proper payment to the lienor, and the Claim of Lien has not
been released or satisfied within sixty (60) days of the filing
of same with the Clerk of the Circuit Court;
(2) The contractor or entity which the contractor has
qualified has a judgment for money damages entered by a court of
competent jurisdiction against such contractor or entity and the
judgment is reasonably related to the type of work for which the
requested building permit or other development order relates, and
the judgment has not been released or otherwise satisfied;
(3) The contractor or entity which the contractor has
qualified has failed to substantially complete performance of any
other contract for work of the type that is the subject of the
requested building permit or other development order and the
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failure to substantially complete performance of the contract is
reasonably within the control of the contractor or the entity
which the contractor has qualified;
(4) Any officer, director, shareholder, partner, joint
venturer, trustee or employee of a business entity that is
seeking the building permit or other development order was an
officer, director, shareholder, partner, joint venturer, trustee
or employee of another business entity at a time when the other
entity violated any of the provisions of Subsections (1), (2) or
(3) of this Section 7-105;
(5) For any other violation provided for in this
Section 7-105 if the violation could reasonably render the
contractor or the entity which the contractor has qualified a
substantial risk of not being able to willing to fully complete
the job or project for which the building permit or other
development order is required.
(b) The amount of the payment and performance bond shall be
set by the board and may be in an amount equal to the contract
price, if any, or the full estimated cost to complete the job or
project for which the building permit or Other development order
pertains.
(c) The requirement to obtain a payment and performance
bond or bonds may also be one of the conditions prescribed in
Paragraph 7-105(a)(4), if such bond or bonds are reasonably
related to the type of violation found by the board to have
occurred. The board shall determine who shall be the beneficiary
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of any such bond or bonds. The authority to require a bond or
bonds shall not be imposed, however, if the contractor or the
entity which the contractor has qualified is certified in the
specific trade by the Department or other state agency, and if
such state-certification prohibits the imposition of a payment
and performance bond as a matter of law under applicable state
statutes. The burden of establishing that a state law preempts
the imposition of a bond or bonds shall be upon the contractor or
the entity which the contractor has qualified."
Section 14.
Section 7-106 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"Sec. 7-106. Penalties; 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 7-106, any person who
violates any provisions of Section 7-99 or commits any of the
acts constituting cause for disciplinary action as set forth in
Section 7-100 shall be guilty of a violation of the provisions of
this Article VII, and upon conviction 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 7-106, 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
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for any work being performed by that person or his/her/its
employees or agents under this Article VII.
(c) If a state-certified contractor or a contractor
possessing a Certificate of Competency issued by the board
pursuant to this Article VII is found by the board, after a due
process 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 hearing process, has been found guilty
in another city or county within the twelve-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 7-106, 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 fifteen (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 7-106, the board may
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impose an administrative fine in an amount not to exceed
($500.00), which shall be recoverable by the board only in an
action at law.
(e) 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 7-106, 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 VII, where such holder has been found to
violate Section 7-99 or has engaged in any of the acts or
omissions which constitute cause for disciplinary action pursuant
to Section 7-100:
(1) Suspend the Certificate of Competency issued by
the board pursuant to this Article during the period fixed by the
board, but the board may permit the certificate holder to
complete any contracts then uncompleted;
(2) Revoke the Certificate of Competency previously
issued by the board pursuant to this Article; or
(3) Place the certificate holder on probation for a
period fixed by the board, but not in excess of three (3) years.
(f) 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 7-106, the board shall be
empowered to refuse to issue building permits or to issue
building permits containing specific conditions to protect the
public health, safety and general welfare to a contractor who is
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state-certified or who holds a Certificate of Competency issued
by the board pursuant to this Article VII who has commi~e'd'
multiple violations of this Article VII when such contractor has
been disciplined for each of them by the board and when each
disciplinary action has involved revocation or suspension of the
state-certification by the Department or has involved revocation
or suspension of the Certificate of Competency issued by the
board pursuant to this Article VII, the imposition of an
administrative fine of at least $1,000.00 or probation.
Furthermore, the board shall be empowered to issue permits with
specific conditions designed to protect the public health, safety
and general welfare to a state-certified contractor or a
contractor who holds a Certificate of Competency issued by the
board pursuant to this Article VII who, within the previous
twelve months, has had final action taken against him by the
Department, or by the board when the board has reported such
disciplinary action against the contractor to the Department
where the contractor has engaged in the business or acted in the
capacity of a contractor without a license.
(g) 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 7-106, the board shall be
empowered to restrain any violation of this Article VII by filing
the appropriate action in a court of competent jurisdiction for
injunctive relief.
(h) Any aggrieved party, including the board, may appeal a
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final administrative Order of the board to the Circuit Court for
Indian River County, Florida. Such an appeal shall not be an
appeal de novo but shall be limited to appellate review of the
record created before the board. An appeal shall be filed within
thirty (30) days of the execution of the Order to be appealed."
Section 15.
Section 7-107 of the Code of Ordinances of the City of
Sebastian is hereby created to read as follows:
"Sec. 7-107. Savings Clause. It is the intent of the City
that the provisions of Article VII of Chapter 7 of the Code of
Ordinances be construed as being consistent with the inherent
municipal powers of the City and supplemental to, and consistent
with, the provisions of Chapter 489 of Florida Statutes (1989),
as amended from time to time. However, it is the intent of the
City to reserve the power to regulate state-certified contractors
to the extent not inconsistent with the laws of the State of
Florida, as amended from time to time."
Section 16. ORDINANCE SUPPLEMENTAL.
The provisions of this Ordinance are supplemental, in
addition to, and not in derogation of, all existing ordinances
effective in the City of Sebastian, Indian River County, Florida.
Section 17. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
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m~ be renumbered or relettered to accomplish such intention; ~ad.
the word "Ordinance" may be changed to "Section", "Article" or
other appropriate designations.
Section 18. 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 and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 19. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
The foregoing Ordinance was moved for adoption by
Councilman _~O ~'r /'~0 Co~-~U~ The motion was
seconded by Councilman L~oW~ .... ~o~/~UAnd, upon being put to
a vote, the vote was as follows:
Mayor W. E. Conyers
Vice Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lloyd Rondeau
Councilman Lonnie Powell
The Mayor thereupon declared this Ordinance duly
passed and adopted this ~h~day of ...... /~-~C /~ , 1990.
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CITY OF SEBASTIAN, FLORIDA
W. E. Co ayor
ATTE~S?
Ka~hryn/~. O'Halloran, CMC/AAE
City Cl~rk
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
.required by State Statute, that one public hearing was held on
-this Ordinance at 7:00 p.m. on the ~ day of~. ~ct~ , 1990,
.a-nd that following said public hearing this ordinance was passed
by the City Council.
~a~nryn~. 6" Ha~il°~n, CMC/AAE
City Clerk
Approve~as~ to Form and content:
Chaf°z~s lan Nash, City Attorney
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