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HomeMy WebLinkAbout1995-238/21 / 95 ord \ certcomp . dock Ow ORDINANCE 95- 23 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE SUSPENSION OF CONTRACTORS CERTIFICATE OF COMPETENCY WHEN OUTSTANDING FINES EXIST AGAINST THE CONTRACTOR. WHEREAS, Chapter 489, F.S. authorizes the County to issue citations for violations of the contracting statutes; and WHEREAS, the County has enacted ordinances implementing this statutory authority; and WHEREAS, citations have been -issued and fines imposed; and WHEREAS, certain violators have failed to pay the fines imposed; WHEREAS, the suspension of a contractor's certificate of competency, when a fine remains unpaid, is an additional mechanism to have the violator pay the fine, COMMISSIONERS OF INDIAN RIVER COUNTY, that: SECTION 1. AMENDMENT T. A new paragraph (8) is added to Section 400.01 of the code to read as follows. Section 400.01. 8) Any person with an unpaid fine, imposed pursuant to Section 103.08 or Section 400.08 of this code, shall surrender to the Building Official any Indian River County contractor's certificate of competency, which certificate shall be suspended automatically until the fine is paid, at which time the suspended certificate of competency shall be re -instated and returned by the Building Official. Any fine paid in order to continue contracting during any appeal period shall be refunded if the appellant prevails on appeal . No person with an unpaid fine shall be eligible to obtain a certificate of competency or renewal of a certificate of competency, until the fine is paid. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. Certificate required . 8) Any person with an unpaid fine, imposed pursuant to Section 103.08 or Section 400.08 of this code, shall surrender to the Building Official any Indian River County contractor's certificate of competency, which certificate shall be suspended automatically until the fine is paid, at which time the suspended certificate of competency shall be re -instated and returned by the Building Official. Any fine paid in order to continue contracting during any appeal period shall be refunded if the appellant prevails on appeal . No person with an unpaid fine shall be eligible to obtain a certificate of competency or renewal of a certificate of competency, until the fine is paid. SECTION 2. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 3. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 26 day of S e p t e m b e,r 1995. This ordinance was advertised in the Vero Beach Press -Journal on the 11 day of September, 1995, for a public hearing to be held on the 26 day of September , 1995 , at which time it was moved for adoption by Commissioner Adams seconded by Commissioner B i r d and adopted by the following vote* The Chairman thereupon declared the ordinance duly passed and adopted this 26 day of September, 1995, 4.,., 5 BOARD OF COUNTY COMMISSION Attest INDIAN R ER COUNTY, FLORIDA By Jdffre Barton, C Kenneth R. Macht, Chairman Effective date This ordinance became effective upon filing with the Department of State which took place on 5th day of October , 1995 --- roved Dale i GaAPP Ot L;Mgr• Aye Chairman Kenneth R. Macht Adams Aye Vice Chairman Fran B. Bird Aye Commissioner Richard N. Absent Commissioner Carolyn K. Eggert Aye Commissioner John B. Tippin The Chairman thereupon declared the ordinance duly passed and adopted this 26 day of September, 1995, 4.,., 5 BOARD OF COUNTY COMMISSION Attest INDIAN R ER COUNTY, FLORIDA By Jdffre Barton, C Kenneth R. Macht, Chairman Effective date This ordinance became effective upon filing with the Department of State which took place on 5th day of October , 1995 --- roved Dale i GaAPP Ot L;Mgr•