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HomeMy WebLinkAbout2003-040ORDINANCE 2003=040 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REPEALING INDIAN RIVER COUNTY CODE SECTION 103.03.3 "BUILDING CODE BOARD OF ADJUSTMENT AND APPEALS"; AND AMENDING CODE SECTIONS 400.07 AND 400.08 TO CHANGE THE NAME OF THE BUILDING CODE BOARD OF ADJUSTMENT AND APPEALS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS WHEREAS, Ordinances 91-12, and 2001-020 established and amended the Indian River County Building Code Board of Adjustments and Appeals; and WHEREAS, the Legislature of the State of Florida has adopted a statewide unified building code that supercedes and replaces all local building codes, and WHEREAS, Section 110 of the Florida Building Code authorizes the applicable local governing body to appoint members to a Construction Board of Adjustment and Appeals and further sets forth the duties, powers, membership and procedures of the Construction Board of Adjustment and Appeals; and WHEREAS, the duties and obligations of the Building Code Board of Adjustments and Appeals will be performed by the Construction Board of Adjustment and Appeals; and WHEREAS, as a result of the adoption of the Florida Building Code and accompanying changes to Florida Statutes, it has become necessary to repeal Section 103.03.3 of the Code of Indian River County and amend Chapter 400 of the County Code to eliminate references to the "Building Code Board of Adjustments and Appeals" and replace them with the "Construction Board of Adjustment and Appeals" so that the Code of Indian River County is consistent with the Florida Building Code; NOW THEREFORE, BE IT ORDAINED by thet Board of County Commissioners of Indian River County, that section 103.03.3 of the Indian River Code "Building Code Board of Adjustments and Appeals" is hereby repealed in its entirety. BE IT FURTHER ORDAINED by the Board of County Commissioners of Indian River County, that sections 400.07 and 400.08 of the Indian River Code are hereby amended to eliminate references to the "Building Code Board of Adjustments and Appeals" and change them to refer to the "Construction Board '1. F:\Attorney\Bill\Dictation\Commi s\ord repealing building code bd of appeals.doc W ORDINANCE 2003M of Adjustment and Appeals" as indicated in Exhibit A, attached hereto and incorporated by reference herein. This ordinance was advertised in the Press Journal on the 25thday of November, 2003, for a public hearing on 9th day of December, 2003, at which time it was moved for adoption by Commissioner Adams , and seconded by Commissioner Ginn and adopted by the following vote: Chairman Aye Kenneth R. Macht Vice Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger Aye Commissioner Thomas S. Lowther Aye The Chairman .thereupon declared the ordinance duly passed and adopted this 9th day, of;- December , 2003. <r 4 st,vHh INDIAN RIVER COUNTY, FLORIDA ^.B Deputy Clerk Rzr,1611 Approved as�to form and Legal � a ienc William K. DeBraal Assistant County Attorney BCC Approved: December 9, 2003 Effective date: This ordinance was filed with the Department of State on day of 0FC9 r , 2003 and became effective that date. F:Wttorney\Bill\Dictation\Committees\ora repealing building code bd of appeals.doc 1. Planning and zoning commission. There is hereby created a planning and zoning commission to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. The board shall consist of seven (7) members. The board shall be the local planning agency for the county. All members shall be residents of the county. 2. Board of zoning adjustment. There is hereby created a board of zoning adjustment to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. All members shall be residents of Indian River County. 3 4. Code enforcement board. There is hereby created the Indian River County Code Enforcement Board pursuant to authority and procedures of Chapter 162, Florida Statutes. The board shall be constituted and have powers and responsibilities as set forth in Chapter 162, Florida Statutes. 4 5. Indian River County Environmental Control Board. There is hereby created the Indian River County Environmental Control Board pursuant to the authority and procedures of Chapter 85427, Laws of Florida. The board shall be constituted and have powers and responsibility as set forth in said laws of Florida. It shall appoint a five -member hearing board pursuant to and with powers provided by said Laws of Florida. 5 g. There is hereby created a Children's Services Network (CSNetwork), an advisory board to the Indian River County Board of Commissioners, to carry out the procedures, duties and functions set forth in Part II of this chapter. (Ord. No. 90-20, § 1, 9-18-90; Ord. No. 97-17, § 1, 5-13-97; Ord. No. 2001-020, § 1, 7-17-01) Section 400.07. Suspension or revocation of registration. The Construction building eede Board of Adjustments and Appeals shall have the power, in addition to all other powers provided for in this chapter, to revoke or suspend the registration of any person approved, registered or licensed under this chapter who shall be guilty of any one or more of this following acts or omissions: (1) Fraud or deceit in obtaining registration or in presenting testimony or evidence to the Construction building eerie Board of Adjustment and Appeals; (2) Negligence, incompetence, or misconduct in the practice of contracting within the meaning of this chapter or Chapter 489, Florida Statutes; (3) Abandonment of any contract without legal excuses; Section 103.03. Regulatory commissions and boards. "A" EXHIBIT 1. Planning and zoning commission. There is hereby created a planning and zoning commission to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. The board shall consist of seven (7) members. The board shall be the local planning agency for the county. All members shall be residents of the county. 2. Board of zoning adjustment. There is hereby created a board of zoning adjustment to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. All members shall be residents of Indian River County. 3 4. Code enforcement board. There is hereby created the Indian River County Code Enforcement Board pursuant to authority and procedures of Chapter 162, Florida Statutes. The board shall be constituted and have powers and responsibilities as set forth in Chapter 162, Florida Statutes. 4 5. Indian River County Environmental Control Board. There is hereby created the Indian River County Environmental Control Board pursuant to the authority and procedures of Chapter 85427, Laws of Florida. The board shall be constituted and have powers and responsibility as set forth in said laws of Florida. It shall appoint a five -member hearing board pursuant to and with powers provided by said Laws of Florida. 5 g. There is hereby created a Children's Services Network (CSNetwork), an advisory board to the Indian River County Board of Commissioners, to carry out the procedures, duties and functions set forth in Part II of this chapter. (Ord. No. 90-20, § 1, 9-18-90; Ord. No. 97-17, § 1, 5-13-97; Ord. No. 2001-020, § 1, 7-17-01) Section 400.07. Suspension or revocation of registration. The Construction building eede Board of Adjustments and Appeals shall have the power, in addition to all other powers provided for in this chapter, to revoke or suspend the registration of any person approved, registered or licensed under this chapter who shall be guilty of any one or more of this following acts or omissions: (1) Fraud or deceit in obtaining registration or in presenting testimony or evidence to the Construction building eerie Board of Adjustment and Appeals; (2) Negligence, incompetence, or misconduct in the practice of contracting within the meaning of this chapter or Chapter 489, Florida Statutes; (3) Abandonment of any contract without legal excuses; Section 103.03. Regulatory commissions and boards. 1. Planning and zoning commission. There is hereby created a planning and zoning commission to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. The board shall consist of seven (7) members. The board shall be the local planning agency for the county. All members shall be residents of the county. 2. Board of zoning adjustment. There is hereby created a board of zoning adjustment to carry out the procedures, duties, and functions set forth for it in the zoning ordinances. All members shall be residents of Indian River County. 3 4. Code enforcement board. There is hereby created the Indian River County Code Enforcement Board pursuant to authority and procedures of Chapter 162, Florida Statutes. The board shall be constituted and have powers and responsibilities as set forth in Chapter 162, Florida Statutes. 4 5. Indian River County Environmental Control Board. There is hereby created the Indian River County Environmental Control Board pursuant to the authority and procedures of Chapter 85427, Laws of Florida. The board shall be constituted and have powers and responsibility as set forth in said laws of Florida. It shall appoint a five -member hearing board pursuant to and with powers provided by said Laws of Florida. 5 g. There is hereby created a Children's Services Network (CSNetwork), an advisory board to the Indian River County Board of Commissioners, to carry out the procedures, duties and functions set forth in Part II of this chapter. (Ord. No. 90-20, § 1, 9-18-90; Ord. No. 97-17, § 1, 5-13-97; Ord. No. 2001-020, § 1, 7-17-01) Section 400.07. Suspension or revocation of registration. The Construction building eede Board of Adjustments and Appeals shall have the power, in addition to all other powers provided for in this chapter, to revoke or suspend the registration of any person approved, registered or licensed under this chapter who shall be guilty of any one or more of this following acts or omissions: (1) Fraud or deceit in obtaining registration or in presenting testimony or evidence to the Construction building eerie Board of Adjustment and Appeals; (2) Negligence, incompetence, or misconduct in the practice of contracting within the meaning of this chapter or Chapter 489, Florida Statutes; (3) Abandonment of any contract without legal excuses; M (4) Diversion of property or funds received under express agreement for prosecution or completion of a specific contract under this chapter, or a special purpose in the prosecution or completion of any contract, or application or use for any other contract, obligation, or purpose with intent to defraud or deceive creditors or the owner; (5) Fraudulent departure from or disregard of plans or specifications in any material respect without consent of the owner or his duly authorized representative; or the doing of any willful, fraudulent act by the licensee in consequence of which another is substantially injured or damaged; (6) Willful and deliberate disregard and violation of the ordinances of the county, including, but not limited to, the building, electrical, plumbing, and zoning ordinances of the county; (7) Willfully and deliberately engaging in a type or class of contracting for which the contractor is not licensed or registered. (Ord. No. 91-11, § 15 3-26-91) Section 400.08. Suspension or revocation of registration; hearing; appeal. (1) Any person, after having received a favorable decision in a court of competent jurisdiction against a registered contractor, may bring charges against said contractor. Such charges shall be made in writing and sworn to by said person. The building official shall mail a copy of such charges to the accused within fifteen (15) days from the receipt thereof and shall serve notice upon the accused and upon all interested persons of the date fixed for a hearing on such charges before the Construction building eede Board of Adjustment and Appeals. The accused shall have the right to appear personally or with counsel and to produce witnesses and evidence in defense. If after hearing the evidence the board determines that the accused is guilty of the charges brought against the accused, the appropriate board may suspend or cancel the contractor's registration. In lieu of suspension or revocation the board may provide for a fine. (2) The building official may bring charges under the procedures of paragraph (1) of this section without seeking a court determination. (Ord. No. 91-11, § 1, 3-26-91; Ord. No. 94-16, § 1, 5-24-94)