Loading...
HomeMy WebLinkAboutO-91-19ORDINANCE NO.: 0-91-19 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 ?-95 TO PROVIDE THE CONSTRUCTION BOARD AND ALLEGED VIOLATORS WITH SUBPOENA POWER~ AMENDING SECTION ?-103 TO PROVIDE FOR ISSUING COMPETENCY CARDS TO CONT~ACTORSWHOHAVE VALID AND ACTIVE CERTIFICATE OF COMPETENCY ISSUED BY iNDIAN RIVER COUNTY, FLORIDA, UNDER CERTAIN CIRCUMSTANCES~ PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH~ 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, 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 city Council of the City of Sebastian has determined that the construction board should possess certain subpoena powers, and that certain contractors that possess a valid and active certificate of competency issued by Indian River County, Florida, as of a date certain should be able to receive a certificate of competency from the construction board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. 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. Subpoena Powers. The board shall have the authority to subpoena alleged violators and witnesses to its hearings. The City, the board or the alleged violator may request that witnesses and records be subpoenaed to any emergency or formal hearing. Subpoenas shall be served in the same manner as civil subpoenas are served under Florida Statutes and the Florida civil Rules of Procedure. The chairman of the board shall provide the clerk with sufficient signed and blank witness subpoenas to be provided to alleged violators and the City Attorney for the purpose of subpoenaing witnesses and records." Section 2. Section 7-103 of the Code of Ordinances of the City of Sebastian is hereby amended by amending existing subsection (c) in its entirety to read as follows: "(c) Any contractor who possesses a valid and active certificate of competency issued by Indian River County, Florida, as of July 10, 1991, shall be entitled to have a comparable certificate of competency issued by the board. In addition, any floor covering contractor who possesses a valid and active certificate of competency issued by Indian River County, Florida, on or before December 31, 1991, shall be entitled to have a 2 comparable certificate of competency issued by the board." Section 3. CONFLICT. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. 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 may be renumbered or relettered to accomplish such intention; and the word "Ordinance" may be change to "Section", "Article" or other appropriate designations. 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 and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. EFFECTIVE DATE. This ordinance shall become effective immediately upon its adoption. The foregoing Ordinance was moved for adoption by Councilman .~_~/~ . The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice-Mayor Frank Oberbeck Councilman Peter R. Holyk Councilman Lonnie R. Powell Councilman George R. Reid The Mayor thereupon declared this Ordinance duly passed and adopted this /~ day of ~/ , 1991. CITY OF SEBASTIAN, FLORIDA ATTEST: Ka~h~y~ Mi O'~lloran, CMC/AAE City Clerk W. E. Co~s, Mayor 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~? w~s held on this Ordinance at 7:00 p.m. on the /~ day of~.~ , 1991, and that following said public hearing this Ordi~n~/was passed by the City,Council. Kathry~M. O'Halloran, CMC/AAE City Clerk Approve~~orm and Content: Charles Ian Nash, City Attorney