HomeMy WebLinkAboutO-90-04ORDINANCE NO.: 0-90-04
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VII OF THE CODE OF
ORDINANCES OF THE CITY OF SEBASTIAN PERTAINING TO
CONTRACTORS; AMENDING SECTION 7-91 TO REVISE THE
DEFINITION FOR SPECIALTY CONTRACTORS; AMENDING
ORDINANCE NO. 90-01 PERTAINING TO THE AMENDMENT MADE TO
SECTION 7-92 THEREIN; AMENDING SECTION 7-95 TO PROVIDE
FOR CONTRACTORS TO POSSESS A CURRENT OCCUPATIONAL
LICENSE FROM INDIAN RIVER COUNTY, FLORIDA; AMENDING
SECTION 7-97 PERTAINING TO THE IMPOSITION OF VARIOUS
FEES FOR APPLICATIONS, EXAMINATIONS, COMPETENCY CARDS,
DUPLICATE LICENSES, CHANGES OF STATUS, LETTERS OF
RECIPROCITY, RENEWALS AND REACTIVATION OF LICENSES;
AMENDING SECTION 7-103 PROVIDIING FOR THE
GRANDFATHERING OF CONTRACTORS HOLDING A CURRENT INDIAN
RIVER COUNTY CERTIFICATE OF COMPETENCY; PROVIDING THAT
THE ORDINANCE IS SUPPLEMENTAL; 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;
and,
WHEREAS, the existing fees charged pursuant to Article VII
of Chapter 7 of the Code of Ordinances of the City of Sebastian
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do not sufficiently reimburse the City for the expenses incurred
by the City in administering the provisions of Article VII.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1.
Section 7-91 of the Code of Ordinances of the City of
Sebastian is hereby amended by revising the definition of
"specialty contractors" currently set forth therein to read as
follows:
"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. Ail
specialty contractors whose trade is tested by Block & Associates
must take such examination and receive a passing grade of at
least seventy-five (75) on the examination for their trade which
is administered by Block & Associates."
Section 2.
Section 2 of Ordinance No. 0-90-01 which was enacted by the
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City Council of the City of Sebastian is hereby revised to
designate the new paragraph added to Section 7-92 of the Code of
Ordinances of the City of Sebastian regarding the removal of
board members of the Sebastian Construction Board as paragraph
"(m)"
Section 3.
Section 7-95 of the Code of Ordinances of the City of
Sebastian is hereby amended by deleting the existing Section 7-95
in its entirety and adding the following new provisions in lieu
thereof to read as follows:
"Sec. 7-95. Indian River County Occupational License.
In order to be issued a certificate of competency from the
board or from the City, whether for a new certificate of
competency or for a activation, reactivation or renewal thereof,
the applicant must provide the board or the City with evidence
that the applicant possesses a current, valid occupational
license issued by the Office of the Tax Collector for Indian
River County, Florida. This requirement shall not affect those
contractors holding a current, active, valid certificate of
competency issued by the board at the time this provision is
effective."
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Section 4.
Section 7-97 of the Code of Ordinances of the City of
Sebastian is hereby amended in its entirety to read as follows:
"Sec. 7-97. Fees.
1. Application fee
2. Written Exam fee - Sebastian
3. Written Exam fee - Gainesville
4. Oral Exam fee - Gainesville
5. Competency Card annual fee
6. Issuance of duplicate Comp. Card
7. Change of Status fee
8. Letter of Reciprocity
9. Renewal fees for Comp. Cards
a. October 1 through October 15
surcharge
b. October 16 through March 31
surcharge
c. April 1 through September 30
d. If renewed more than one year
but less than three years from
the previous expiration date
e. Inactive Competency Card
f. Reactivate an Inactive
Competency Card after
reapplication to, and
approval by the board
S75.00
$75.00
$135.00
$185.00
830.00
S5.00
$25.00
815.00
$30.00 plus 10%
830.00 plus 20%
860.00
875.00
810.00
$20.00
Note that no Competency Card can be renewed more than three
years after it has expired.
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Section 5.
Section 7-103 of the Code of Ordinances of the City of
Sebastian is hereby amended by adding new subsection (c) to read
as follows:
"(c) Any contractor who possesses a valid and active
certificate of competency issued by Indian River County, Florida,
as of the effective date of Ordinance No. 0-90-04 shall be
entitled to have a comparable certificate of competency issued by
the board if application is made for such reciprocal certificate
of competency to the board by such contractor on or before August
1, 1990, and the letter of reciprocity fee is paid by such
contractor."
Section 6. 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 7. CODI¥ICATION. 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
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be change to "Section", "Article" or
other appropriate designat±ons.
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Section 8. SEVERABILITY. In the event a court of competent
3urisdiction 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 9. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption.
Councilman
vote, the vote w%s as follows:
The foregoing Ordinance was moved for adoption by Councilman
The motion was seconded by
and, upon being put to a
Mayor W. E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
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The Mayor thereupon declared this Ordinance duly passed and
adopted this /~ day of-- ~~ , 1990.
CITY OF SEBASTIAN, FLORIDA
~TTEST: By:
Kathry~M. O'Halloran, CMC/~-AE
City Cierk
W. El Conyer~
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 ppblic hearigg was held on
this Ordinance at ?:00 p.m. on the /~ day of ~Jft~, 1990,
and that following said public hearing this Ordinance was passed
by the City Council.
Kathrq~. O'Halloran, CMC/AAE
City Clerk
Approved as to Form and Content:
Charl~ Ian Nash, City Attorney
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