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<br /> OR BK 9628 PG 477
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<br /> Florida Building Code. The charges must be made in writing and sworn to by the complainant
<br /> and submitted to the Board of Adjustment, Code Enforcement, and Appeals. It will then be the
<br /> duty of the Board of Adjustment, Code Enforcement, and Appeals, at the earliest possible date
<br /> and not later than 30 days thereafter, to investigate the charges and render its decision without
<br /> delay. A copy of the charges, together with the time and place of hearing, shall be served on the
<br /> accused at least five days before the date fixed for the hearing. At the hearing, the accused shall
<br /> have the right to appear personally or by counsel, to cross examine witnesses against him or her,
<br /> and to produce witnesses and evidence in his or her defense.
<br /> Section 30.085 ACTION OF BOARD ON CONVICTION OF CHARGES.
<br /> (A) If, after the hearing provided for above, the decision of the Board of Adjustment,
<br /> Code Enforcement, and Appeals is that the accused has been guilty of the charge or
<br /> charges preferred against him,the Board may impose any of the following dispositions:
<br /> (1) Place the contractor upon a period of probation, subject to any terms or
<br /> conditions deemed appropriate by the Board.
<br /> (2) Suspend the contractor's city business tax receipt or contractor certificate for
<br /> a specific period of time.
<br /> (3) Revoke the contractor's city business tax receipt or contractor certificate.
<br /> (B) If the decision of the Board is to suspend the business tax receipt or contractor
<br /> certificate of a contractor for a length of time, all permits issued by the city to the
<br /> contractor will be suspended for the period of the contractor's suspension, and no refund
<br /> of permit fees shall be made.
<br /> (C) If the decision of the Board is to revoke the business tax receipt or contractor
<br /> certificate of a contractor, all permits issued by the city to the person for the doing of
<br /> work shall be revoked and withdrawn and no refund of permit fees will be made.
<br /> Section 30.086. APPEAL PROCESS.
<br /> (A) The Board of Adjustment, Code Enforcement, and Appeals may,upon appeal and in
<br /> conformity with provisions of this chapter, reverse or affirm wholly or partly, or may
<br /> modify the order, requirement, decision, or determination made by an administrative
<br /> official in the enforcement of the city zoning regulations and related regulations and may
<br /> make any necessary order, requirement, decision of determination and, to that end, shall
<br /> have all the powers of the administrative official against whom the appeal is filed. The
<br /> concurring vote of a majority of all the members of the Board of Adjustment, Code
<br /> Enforcement, and Appeals shall be necessary to reverse any order or administrative
<br /> official, or to decide in favor of the applicant on any matter upon which the Board of
<br /> Adjustment, Code Enforcement, and Appeals is required to pass under this chapter.
<br /> (B) An appeal shall be submitted to the Building Official within 30 days after rendition
<br /> of the order, requirement, decision, or determination being appealed. The appeal shall be
<br /> in the form prescribed by the rules of the Board of Adjustment.
<br /> (C) The administrative official against whom the appeal is filed shall, upon notification
<br /> of the filing of the appeal, forthwith transmit to the Board of Adjustment, Code
<br /> Enforcement, and Appeals all the documents, plans, papers, or other materials
<br /> constituting the record upon which the action appealed was taken.
<br /> (D) Any appeal to the Board of Adjustment, Code Enforcement, and Appeals stays all
<br /> work on the premises and all proceedings in furtherance of the action appealed unless the
<br /> official against whom the appeal was filed shall certify to the Board of Adjustment, Code
<br /> Enforcement, and Appeals that by reason of facts stated in the certificate, a stay would
<br /> cause imminent peril to life or property. In such case, proceedings or work shall not be
<br /> stayed except by a restraining order which may be granted by the Board of Adjustment,
<br /> Code Enforcement, and Appeals or by a court of record on application, on notice to the
<br /> officer from whom the appeal is taken and on due cause shown.
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