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t <br />5/20/94 (ch.400_doc)Ow <br />ORDINANCE 94- 16 <br />AN ORDINANCE OF INDIAN RIVER COUNTY <br />AMENDING CHAPTER 400 OF THE INDIAN RIVER <br />COUNTY CODE WITH RESPECT TO CATEGORIES OF <br />SKILLS REQUIRING A COMPETENCY CARD, <br />ESTABLISHING A PREREQUISITE FOR ACTIONS <br />AGAINST A REGISTERED CONTRACTOR, AND <br />CREATING A PRESUMPTION OF WORKING FOR <br />COMPENSATION. <br />WHEREAS, experience has shown that certain procedures governing <br />the regulation of contractors need to be modified, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF <br />COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that: <br />SECTION 1. AMENDMENT. <br />a) Section 400.01(1) which currently reads as follows: <br />(1) No person shall engage in the business of construction, <br />contracting or subcontracting as regulated by Florida Statutes <br />or in a category as tested by Block and Associates without a <br />valid certificate of competency issued by the Indian River <br />County Building Department unless certified under Florida <br />Statutes. <br />is hereby amended to read as follows. <br />(1) No person shall engage in the business of construction, <br />contracting or subcontracting as regulated by Florida Statutes or <br />in a categories listed in Appendix A to Ordinance No. 94- ± 6(copies <br />of which are available in the Clerk's office and the Building <br />officials office) without a valid certificate of competency issued by <br />the Indian River County Building Department unless certified <br />under Florida Statutes. <br />b) Section 400.08. which currently read as follows: <br />Any person may bring charges against a registered <br />contractor. Such charges shall be made in writing and sworn <br />to by the building official shall mail a copy of such charges <br />to the accused within fifteen (15) days from the receipt <br />therefor and shall serve notice upon the accused and upon all <br />interested persons of the date fixed for a hearing on such <br />charges before the building code board of adjustment and <br />appeals. The accused shall have the right to appear <br />personally or with counsel and to produce witnesses and <br />evidence in defense. If after hearing the evidence the board <br />determines that the accused is guilty of the charges brought <br />against the accused, the appropriate board may suspend or <br />cancel the contractor's registration. In lieu of suspension or <br />revocation the board may provide for a fine. <br />is hereby amended to reads as follows. <br />Section 400.01. <br />Certificate <br />required. <br />(1) No person shall engage in the business of construction, <br />contracting or subcontracting as regulated by Florida Statutes or <br />in a categories listed in Appendix A to Ordinance No. 94- ± 6(copies <br />of which are available in the Clerk's office and the Building <br />officials office) without a valid certificate of competency issued by <br />the Indian River County Building Department unless certified <br />under Florida Statutes. <br />b) Section 400.08. which currently read as follows: <br />Any person may bring charges against a registered <br />contractor. Such charges shall be made in writing and sworn <br />to by the building official shall mail a copy of such charges <br />to the accused within fifteen (15) days from the receipt <br />therefor and shall serve notice upon the accused and upon all <br />interested persons of the date fixed for a hearing on such <br />charges before the building code board of adjustment and <br />appeals. The accused shall have the right to appear <br />personally or with counsel and to produce witnesses and <br />evidence in defense. If after hearing the evidence the board <br />determines that the accused is guilty of the charges brought <br />against the accused, the appropriate board may suspend or <br />cancel the contractor's registration. In lieu of suspension or <br />revocation the board may provide for a fine. <br />is hereby amended to reads as follows. <br />