1992-09 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 92 - Section 103.08 Code Enforcement Citation Procedures - Contracting. (1) These procedures are enacted pursuant to Section 489.127, r!UEiUd JLdLueS. issue a citation for any violation of ss. 489.127(1) or s. 489.132(1), F.S. (relating to unlicensed, uncertified or unregistered contractors), or for any violation of County Code Chapter 400, "Regulation of Contractors", whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such a violation has occurred. (3) A contracting citation issued by a code enforcement officer shall be in a form prescribed by the county and shall contain the information outlined in subsection 103.07(3)(b), items 1-9. (4) Penalties. The Board of County Commissioners 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 ss. 489.127(1) and 489.132(1), F.S., and Chapter 400 of the County Code. The maximum civil penalty which may be levied shall not exceed $500. Each wing violation continues shall constitute a separate offense. (5) Cessation of violations; hearing procedures. (a) The act for which the citation is issued shall be ceased upon receipt of the citation. The person charged with the violation shall elect either to correct the violation and pay the civil of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing to appeal the issuance of the citation by the code enforcement officer. Said administrative hearing shall be held before the county code enforcement board or designated special master. Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer commits a misdemeanor of the second degree,- punishable as provided for in s. 775.082 or 775.083, F.S. (b) Failure of a violator to appeal the decision of the code enforcement officer within the time period set forth in the preceding paragraph shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation and penalties may be imposed accordingly. (c) If the person receiving the citation or his designated representative, shows that the citation is invalid or that the violation has been corrected prior to appearing before the county enforcement board or designated special master, the enforcement board or designated special master shall dismiss the citation unless, with regard to a corrected violation, the violation is irreparable or irreversible .2 2For purposes of this section, "irreparable or irreversible" violations shall include (but not be limited to) violations that result in apparent financial advantage for the violator in comparison with law-abiding contractors. SmeadSoR Reprint Date: Friday, September 27, 2013 - 10:37:27 - OfficialDocuments:501, Attachment Id 1, Page 3