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2004183932 - - - _
Rcpt: 820053 Rec: 35.50
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ORDINANCE NO. 893-04 10/01/00
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AN ORDINANCE BY THE CITY COUNCIL OF THE CITY
OF ZEPHYRHILLS, FLORIDA AMENDING TITLE III,
CHAPTER 30 OF THE ZEPHYRHILLS CODE OF
ORDINANCES TO CREATE A CONSTRUCTION CODE
ENFORCEMENT AND LICENSING BOARD; AMENDING
SECTIONS 30.060 THROUGH 30.137 TO PROVIDE FOR
MEMBERSHIP AND COMPOSITION; PROVIDING FOR
ENFORCEMENT OF CODE VIOLATIONS, LICENSE
SUSPENSION AND VARIANCES; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, it is the intent of the City Council to promote,protect and improve the health, safety
and welfare of the citizens of Zephyrhills by providing an equitable, expeditions and effective
method of enforcing the building codes of the City through the establishment of a board to hear
and enforce the construction codes; and
WHEREAS, it has become necessary to amend the existing sections of the Zephyrhills Code of
Ordinances to provide specific requirements for the construction licensing/code enforcement
board; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, as follows:
SECTION 1. Section 30.060, Composition, Powers and Duties Generally, is hereby amended,
as follows:
(A) Appointment; membership. The City Council shall appoint a panel of seven
members to be known as the Construction Code Enforcement/Licensing Board,
which board shall, consist of at least five of the following occupations: architect,
building contractor, general contractor, specialty contractor, plumbing contractor,
electrical contractor, roofing contractor, mechanical contractor, engineer, and
certified building inspector.
JED P11 T n N,. PASCU COUNl Y CLERK 1
10/01/04 03:26pm 1 ov 4
(B) Powers and duties. OR BK 6049 PG 379
(1) The Construction Code Enforcement/Licensing Board shall have all the
powers and duties set forth in Chapter 162, Florida Statutes. Regular
members of the construction code enforcement/licensing board shall be
residents of the City.
(2) All members shall be appointed by the City Council for three year terms.
The board shall annually elect a chairman and vice-chairman who may
serve for one consecutive term.
(3) A quorum shall be present for any official action. A quorum shall consist
of four members. Meetings shall be held at such times as the
construction code enforcement/licensing board may determine, but at
least four times per year.
SECTION 2. Section 30.061, Additional duties; license suspension, is hereby amended as
follows:
(1) The construction code enforcement/licensing board shall have the power to suspend
or revoke the license or registration of any contractor or specialty contractor, as the
same are defined in Chapter 489, Florida Statutes, for failure to comply with any
code, requirement, or regulation of the City and if found guilty of any of the
following acts or omissions:
(A) Fraud or deceit in obtaining a license or registration.
Record and Return to:
City Clerk's Office { ;
5335 8th Street
Zephyrhills, FL 33542
r OR BK 6049 PG 380 .,1
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(B) Gross negligence, incompetence, or misconduct in the practice of any or all
construction within the meaning of this Chapter or the Florida Building Code.
(C) Abandonment of any contract or all construction without legal excuse.
(D) Diversion of property or funds received under express agreement for
completion of a specific contract under this Chapter.
(E) Obtaining money or property with intention to defraud or deceive creditors or
owners.
(F) Fraudulent departure from or disregard of plans or specification in any
material respect without the consent of the owner, the building inspector, or
an authorized representative.
(G) The doing of any willful or fraudulent act as a contractor in any of the trades
registered in consequence of which another is substantially injured.
F
(H) Willful and deliberate disregard and violation of this Chapter or the laws of
the state.
(2) The construction code enforcement/licensing board shall establish and promulgate
rules and regulations relative to examining and licensing of all classifications of
building, sheet metal, roofing, air conditioning, mechanical, pool, plumbing,
electrical and specialty contractors.
(3) The construction code enforcement/licensing board shall have the authority to hear
and decide variance requests as follows:
(a) Grounds for authorization. The board may authorize a variance
from the terms of this article as will not be contrary to the public
interest when, owing to special conditions, a literal enforcement of
this article would result in unnecessary and undue hardship. In
order to authorize any variance from this article, the board must find
that:
• (i) Special conditions and circumstances exist which are
peculiar to the land, structure or building involved and
which are not applicable to other lands, structures, or
buildings;
(ii) The variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure; or
(iii) The grant of the variance will be in harmony with the
general intent and purpose of this article and that such
variance will not be injurious to the area involved or
otherwise detrimental to the public welfare. -
(b) Procedure.
(i) Variance requests shall be heard at public hearings held
before the construction code enforcement/licensing board
after notice of the time, place and purpose of such hearing
has been given in the manner set forth:in this subsection.
The decision of the board shall be based upon evidence
adduced at the public hearing.
(ii) The public hearing referenced in this subsection shall be
preceded by publication of notice of the time, place and
OR BK 6049 PG 381
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purpose of the hearing in a newspaper of general
circulation in the County, with the first such publication to
be at least 15 days prior to the date of the hearing and the
second such publication to be at least five days prior to the
hearing. For the purposes of compliance with this
subsection, notice of both hearings may be given
simultaneously, provided the time requirements set forth in
this subsection are either met or exceeded.
(c) Every decision of the construction code enforcement/licensing board
shall be in writing and shall indicate the vote upon the decision. A
copy of the final order shall be sent by mail to the applicant, and a
copy shall be kept in the office of the building official.
(d) The board may also conduct a public hearing concerning whether a
City certificate of competency or the permitting privileges of a state-
registered or state-certified contractor shall be annulled, suspended
or revoked.
(i) Such hearing shall not be held until ten days after notice of
the hearing has been hand delivered or delivered by
registered or certified mail to the last known address of the
certificate holder or registrant.
(ii) After such hearing,the board may annul, suspend or revoke
any such certificate of competency or the permitting
privileges of a state-registered or state-certified contractor
pursuant to Section 30.063 of this Code.
(iii) The severity of any such suspension or revocation shall
bear a reasonable relation to the gravity of the offense.
(iv) Any aggrieved party may appeal a final decision or order
by the construction code enforcement/licensing board to the
circuit court of the County. An appeal shall be filed within
30 days of the decision to be appealed and shall not be a
hearing de novo, but shall be limited to appellate review of
record created before the construction code
enforcement/licensing board. _
SECTION 3. Section 30.062, Preference and Hearing of Charges, is hereby amended as
follows: _
Any person directly interested, any City inspector, or the architect or engineer,of any
building or construction may prefer charges against a contractor under this Chapter or a violation
of the Florida Building Code. The charges must be made in writing and sworn to by the
complainant and submitted to the Construction Code Enforcement/Licensing Board. It will then
be the duty of the Construction Code Enforcement/Licensing Board, at the earliest possible date
and not later than 30 days thereafter, to investigate the charges and render its decision pursuant
to the procedures set forth in Chapter 162, Florida Statutes. At the hearing, the accused shall
have the right to appear personally or by counsel, to cross examine witnesses,against him, and to
produce witnesses and evidence in his defense. -
SECTION 4. Section 30.063,Action of Board on Conviction of Charges, is hereby amended as
follows:
(A) If, after the hearing provided for above, the decision of the Construction Code
Enforcement/Licensing Board is that the accused has been guilty of the charge or
charges preferred against him, the Board may impose any of the following
dispositions:
i 0R E1K 6049 PG 382
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(1) Place the contractor upon a period of probation, subject to any terms or
conditions deemed appropriate by the Board.
(2) Suspend the contractor's City occupational license or municipal registration
for a specific period of time.
(3) Revoke the contractor's City occupational license or municipal registration.
(4) Levy any fines as appropriate pursuant to the provisions of Chapter 162,
Florida Statutes.
(B) If the decision of the Board is to suspend the license or registration of a contractor
for a length of time, all permits issued by the City to the contractor will be
suspended for the period of the contractor's suspension and no refund of permit fees
shall be made.
(C) If the decision of the Board is to revoke the license or registration of a contractor,
all permits issued by the City to the person for the doing of work shall be revoked
and withdrawn and no refund of permit fees will be made.
SECTION 5. Codification. It is the intent of the City Council that the terms of this ordinance
be codified into the City of Zephyrhills Code of Ordinances.
SECTION 6. Repealer. Any ordinances in conflict herewith are hereby repealed.
SECTION 7. Severability. It is declared to be the intent of the City Council of the City of
Zephyrhills, that if any section, subsection, sentence, clause or provision of this Ordinance be
held invalid, the remainder of the Ordinance shall be construed as not having contained said
section, subsection, sentence, clause or provision and shall not be affected by such holding.
SECTION 8. Effective Date. This ordinance shall become effective immediately upon
adoption by the City Council.
The foregoirng;Ordinance No. 893-04 was read and passed on the first reading in an open and
regular(f4eetii;g.of tl-e City Council of the City of Zephyrhills, Florida, on this 9th day of August,
2004 - - ' -
V7 Atteit.: Li' - p ,
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-;-7-,_ . LindaD-.Goan,city Clerk C de C. Bracknell, Council President..
\..Thefofeg rchi'ance No. 893-04 was read and passed on the second reading, following a
public hearing,-in an open and regular meeting of the City Council of the City of Zephyrhills,
Florida;,on thisi27 'day of September, 2004.
AAttest:, _ )'---J-1--.0 ` i , 9 ,,r_., _,Yevi,:,-
V -Edda D' o oaf;. ity Clerk de C. Bracknell, Council President
aofoteg`oix g=Ordiria Ic No. 893-04 was approved by me this 27th day of September, 2004.
, viii
W. Cliff �'iuffie, May��.
Approv d s t gal fon .1, legal content
(Karla S. Owens, City Attorney