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Home My WebLink AboutR-09-30RESOLUTION NO. R-09-30 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SCHEDULE OF PENALTIES TO BE ASSESSED BY A CODE ENFORCEMENT OFFICER FOR EACH PROHIBITED CONTRACTING ACTIVITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Council at its November 18, 1998 Regular Meeting, adopted Ordinance No 0-98-10, which authorized code enforcement officers, so designated by the city, to issue citations for violations of duly enacted codes of the City of Sebastian, pursuant to F.S. 489.127; and WHEREAS, Section 2-195(d) of the Code of Ordinances requires that City Council shall adopt, by resolution, a schedule of penalties to be assessed by the code enforcement officer, for each prohibited contracting activity as set forth in F.S. 489.127(1) and 489.132(1) and Chapter 26 of the City Code of Ordinances. The maximum civil penalty which may be levied shall not exceed $500.00. Each day a willful, knowing violation continues shall constitute a separate offense; and WHEREAS, the Construction Board met on July 16, 2009 to review and recommend a schedule of fees to council. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. SCHEDULE OF PENALTIES FOR PROHIBITED CONTRACTING ACTIVITY. In accordance with Section 2-195(d) of the Code of Ordinances, to be assessed by code enforcement officers and/or the building official and building inspectors so designated by the city and attached hereto as Exhibit "A" is hereby adopted. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This resolution shall take effect immediately upon adoption. The foregoing Resolution was moved for adoption by Council member x i 1 1 .The motion was seconded by Council member coy and, upon being put into a vote, the vote was as follows: Mayor Richard Gillmor Vice Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff aye aye aye aye aye The Mayor thereupon declared this Resolution duly passed and adopted this 12th day of August , 2009. CITY SEBA TI ,FLORIDA r s 1 B is r H. Gillmor, Mayor ATTE _ ~ , ~~ Sally A. Mai , MMC City Clerk Approved As to Form And Legality For Reliance by the City Of Sebastian Only: .-2~ Robert A. Ginsburg, Cit ttorney SCHEDULE OF CIVIL PENALTIES EXHIBIT-A Civil Penalty _ _ -- FIRST REPEAT VIOLATION __ -- VIOLATION VIOLATION Unlawful to engage in the business or act in the capacity of a 'contractor without being duly licensed as a contractor... 26- (1) 171(a) ! $250 $500 Unlawful for a licensed person to utilize the services of ' another person who is not duly licensed and acting in the (2) capacity of a contractor... 26-171(b) $250 $500 Unlawful for a person who requires a contractor's license but does not possess a contractor's license to advertise that they (3) are in the business of contracting...26-171(c) $250 $500 Unlawful for a licensed contractor to fail to include their license number in any publication which is primarily (4) circulated within the city... 26-171(d) $250' $500 ,Falsely hold himself or herself or a business organization out (5) as a licensee, certificate holder or registrant... 489.127(1)(a) $250 $500 Falsely impersonate a certificate holder or registrant... (6) 489.127(1)(b) $250 $500 Falsely present himself or herself as a certified or registered contractor under another person's certificate or registration... 489.127(1)(c) $250 $500 Knowingly give false or forged evidence to the board or a (7) member thereof... 489.127(1)(d) ' $250, $500 ' Use or attempt to use a certificate or registration which has (8) I been suspended or revoked .. 489.127(1)(e) $250 $500 Engage in the business or act in the capacity of a contractor or advertise without being duly registered or certified... (9) 489.127(1)(f) $250 $500 Operate abusiness organization engaged in contracting after sixty(60) days following the termination of its only qualifying agent without designating another primary qualifying agent... (10) -_ 489.127(1)(8) $250 $500 Owner/Builder Owner/Builde $200 $300 Commence or perform work for which a permit is required Contractor Contractor (11) iwithout such permit being in effect.. 489.127(1)(h) $3 $500 ~ Willfully or deliberately disregard or violate any municipal .ordinance relating to uncertified or unregistered ~~ i (12) contractors... 489.127(1)(1) $250 $500 Conceal or cause to be concealed, or assist in concealing, ---- - from the primary qualifying agent, any material activities or ~ (13) information about the contracting firm... 489.132(a) $250 $500 Exclude or facilitate the exclusion of any aspect of the ', contracting firm's financial or other business activities from ' (14) 'the primary qualifying agent... 489.132(1)(b) $250 $500 Knowingly cause any part of the contracting firm's activities, ~ financial or otherwise, to be conducted without the primary (15) qualifying agent's supervision...489.132(c) $250 $500 Assist or participation with any qualifying agent in the (16) violation of this chapter... 489.132(d) $250 $500