HomeMy WebLinkAboutDocumentation_Regular_Tab 11-D_7/23/1998 MEMORANDUM:
TO: Thomas G. Bradford,Village Manager
FROM: Scott D. Ladd,Director of Community Development ,50
DATE: July 15, 1998
SUBJECT: Summary Analysis for proposed Interlocal Agreement between the Village
of Tequesta and Palm Beach County with regard to the Regulation of
Contractor's and Construction Activity.
Tom, as I stated in my memo of July 13, 1998 regarding this same subject, the County is
requesting that the Village enter into the subject agreement in an effort to enhance the regulation of
contractor's and unlicensed construction activity within all of Palm Beach County including both
the incorporated and unincorporated areas.
In an effort to better regulate and monitor the activities of contractors in Palm Beach County,the
Board of County Commissioners adopted Ordinance number 97-56 on November 18, 1997. 'The
Ordinance contains an Applicability section that states, in part, that the Ordinance shall apply to
the unincorporated areas of. Palm Beach County and that municipalities may, by interlo9a1
agreement with the County, authorize enforcement of the Ordinance within the municipality by the
County.
Ordinance 97-56 sets forth numerous prohibitions regarding what contractor's can and cannot do
when acting as a licensed or unlicensed contractor within Palm Beach County. These prohibitions.
are very important to providing protection to our citizens when they engage a contractor to perform.
work at their residence. The ordinance also sets forth in great detail the procedures relating to the
issuance of Citations, the conducting of Administrative Hearings and the establishment of
Penalties.
Under existing State Legislation enacted for Palm Beach County and its 38 Municipalities, the
County's Construction Industry Licensing Board [CILB]has already been established to regulate
all contractor's, sub-contractor's and construction activity within Palm Beach County. The
adoption of Ordinance 97-56 greatly enhances the County's ability to provide more effective and
more efficient regulation of contractor's and construction activity within the County.
The Village of Tequesta could adopt its own regulations similar to those contained in Ordinance
97-56, but under State law,the County,through the CILB, would still be the lead agency for the
regulation and enforcement of contractor's and construction activity within all of Palm Beach
County. Also, the CILB serves as an Appeals Board for the County and as Tequesta does not
have an Appeals Board of its own, it makes sense to utilize the existing expertise that the County
has obtained over years of operating a very successful Appeals Board with regard to regulating
contractor's and unlicensed construction activity. In addition, the County has the staffing and
resources to more effectively regulate the Contruction Industry, especiallly in light of the fact that
the Village, due to its size, has a low number of incidents with regard to problems with
Contractor's and with unlicensed activity. It is for these reasons that Village Staff recommends
that Tequesta enter into the Interlocal Agreement attached.
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I
b
MEMORANDUM:
TO: Thomas G.Bradford,Village Manager
c
FROM: Scott D.Ladd,Director of Community Development ��
DATE: July 13,1998
SUBJECT: Review and Approval of Interlocal Agreement between the Village of
Tequesta and Palm Beach County with regard to the regulation of Con-
tractors and construction activity.
Tom, attached is a draft Interlocal Agreement sent to us by Dale A. Peterson, Director,
Contractor's Certification, Palm Beach County. The County is requesting that the Village
enter into the Agreement in an effort to enhance the regulation of Contractor's and
Unlicensed Construction Activity within both the unincorporated and incorporated areas of
Palm Beach County.
Staff and the Village)Attorney have reviewed the draft Interlocal Agreement and find it
acceptable and the Village Attorney has approved the Agreement as to legal form and
sufficiency. Also attached to the draft Agreement are certain background support documents
as follows:
1. Letter from Village Attorney approving the Agreement for legal form and
sufficiency.
2. Memorandum to Dale A. Peterson, Director, Contractor's Certification Division,
Palm Beach County, from Robert Weisman, P.E., County Administrator, authorizing Mr.
Peterson to execute Agreements with the Municipalities.
3. Policy and Procedure letter from Dale A. Peterson, Director, Contractor's
Certification, Palm Beach County, establishing procedures for executing interlocal
agreements with municipalities.
4. Resolution number R-98-558, by Board of County Commisioners, Palm Beach
County,Florida.
5. Memorandum to City Managers from Dominic Sims, Executive Director,
Planning, Zoning & Building Department, inviting municipalities to enter into the Interlocal
Agreement.
6. Policy and Procedure letter from Dale A. Peterson, Director, Contractor's
Certification Division, Palm Beach County, establishing procedures for the issuance of
citations and a schedule of civil penalties for violations of construction licensing laws and
ordinances.
Tom,Staff recommends approval of the Interlocal Agreement.
I
INTERLOCAL AGREEMENT
This Interlocal Agreement is made the day of , 199 ,
between the Village of , a municipality located in Palm Beach, Florida
(hereinafter "VILLAGE") and Palm Beach County, a political subdivision of the State of Florida,
(hereinafter"COUNTY"), each one constituting a public agency as defined in Part I of Chapter 163,
Florida Statutes.
WITNESSETH
WHEREAS,Section 163.01,Florida Statutes,known as the "Florida Interlocal Cooperation
Act of 1969" authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population and.other
factors influencing the needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power,privilege,
or authority which such agencies share in common and which each might exercise separately; and
WHEREAS,the Palm Beach County Board of County Commissioners adopted Ordinance
97-56 which provides for the regulation of contractors and construction activity; and
WHEREAS, Section 7 of Ordinance 97-56, codified at Chapter 7, Article II of the Palm
Beach County Code of Laws and Ordinances, provides that the Ordinance applies in the
unincorporated areas of Palm Beach County and that municipalities may authorize the enforcement
of the Ordinance within municipal boundaries; and
WHEREAS,the VILLAGE desires to authorize the enforcement by Palm Beach County of
the provisions of Ordinance 97-56 within the municipality; and
i
WHEREAS, by Resolution No. 98-_, the Palm Beach County Board of County
Commissioners granted the authority to the County Administrator or designee to execute a standard
form of Interlocal Agreement between municipalities and Palm Beach County, which Interlocal
Agreement provides for the enforcement of Ordinance 97-56 within municipalities.
NOW THEREFORE,in consideration of the mutual representations, terms, and covenants
hereinafter set forth, the parties hereby agree as follows:
Section 1.Purpose
The purpose of this Agreement is to allow the Palm Beach County Contractor Certification
Division to enforce the provisions of Ordinance 97-56, codified in Chapter 7, Article II of the Palm
Beach County Code of Laws and Ordinances, as may be amended from time to time, within the
VILLAGE.
Section 2.Definitions
The defmitions set forth in Ordinance 97-56(attached hereto as Exhibit"A"and incorporated
herein by reference) shall apply to this Agreement.
"Agreement"means this Interlocal Agreement,including any amendments or supplements
hereto, executed and delivered in accordance with the terms hereof.
Section 3. Representative/Monitoring Position
The COUNTY'S representative during the term of this Agreement shall be the Director of
Contractor Certification, 100 Australian Avenue,West Palm Beach 33406,whose telephone number
is (561) 233-5525. The VILLAGE'S representative during the term of this Agreement shall be
, whose telephone number is (561)
2
Section 4. Effective Date/Term
This Agreement shall take effect upon execution. The term of this agreement shall be in
effect until terminated by either party as provided herein.
Section 5. Responsibilities and Duties
VILLAGE agrees to assist and support the County in enforcement of the provisions of
Ordinance 97-56. COUNTY agrees to enforce the provisions of Ordinance 97-56 within the
VILLAGE. Such enforcement includes, but is not limited to, issuance of citations against persons
who engage in construction activity that requires licensure, as more fully set forth in Section 3 of
Ordinance 97-56 ("Issuance of Citation, Administrative Hearing and Penalties"), issuance of
citations against locally licensed contractors who engage in activity prohibited by Ordinance 97-56;
conduct of hearings before the Palm Beach County Construction Industry Licensing Board or Special
Master, and issuance of Cease and Desist Orders to prohibit any person from engaging in the
business of contracting who does not hold the required certification or registration for the work
being performed.
Section 6.Termination
This Agreement may be terminated by either party to this Agreement upon written notice,to
the other party.
Section 7. Enforcement Costs
Any costs or expenses(including reasonable attomey's fees) associated with the enforcement
of the terms and/or conditions of this Agreement shall be borne by the respective parties,provided,
however, that this clause pertains only to the parties to this Agreement.
Section 8. Notice
All notices required to be given under this Agreement shall be deemed sufficient to each
3
party when delivered by United States Mail to the following:
COUNTY VILLAGE
Director, Contractor Certification
100 Australian Avenue
West Palm Beach,FL 33406
Section 9. Filing
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
Section 10.Liability
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omissions, and negligence of the other party. Further;
nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to
Section 768.28, Florida Statutes.
Section 11.Amendments
This Agreement may be amended only upon written consent of all the parties hereto. The
Palm Beach County Board of County Commissioners must approve of such amendment by
Resolution or similar action of the Board of County Commissioners.
Section 12. Remedies
This Agreement shall be construed by and governed by the laws of the State of Florida. Any
and all legal action necessary to enforce the Agreement will beheld in Palm Beach County. No
remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every other remedy given
hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or
partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or
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further exercise thereof.
Section 13. Time of the Essence
The parties expressly agree that time is of the essence in this Agreement and the failure by
a party to complete performance within the time specified, or within a reasonable time if no time is
specified herein,shall,at the option of the other party without liability,in addition to any other rights
or remedies, relieve the other party of any obligation to accept such performance.
Section 14. Equal Opportunity Provision
The COUNTY and the VILLAGE agree that no person shall, on the grounds of race, color,
sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded
from the benefits of,or be subjected to any form of discrimination under any activity carried out by
the performance of this Agreement.
Section 15. Captions
The captions and section designations herein set forth are for convenience only and shall have
no substantive meaning. .
Section 16. Severability
In the event that any section, paragraph, sentence, clause, or provision hereof be held by a
court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
Section 17.Entirety of Agreement
This Agreement represents the entire understanding between the parties, and supersedes all
other negotiations,representations, or agreement, either written or oral,relating to this Agreement.
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ATTEST: COUNTY ADMINISTRATOR
Dorothy H. Wilken
By:
Deputy Clerk
(SEAL)
WITNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
County Attorney
ATTEST: VILLAGE OF
PALM BEACH COUNTY
By:
(Name and Title)
WITNESSES:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
GACOMMONWTTY\W PDATA\ENVIR\LBEBBER\BECKY'CONT.CERUNTERLO3.AGR
6
JONES �•
• FOSTER Flagler Center Tower,Suite 1100 Mailing Address
JOl J_L V STON 505 South Flagler Drive Post Office Box 3475
Q� Sri TI RC A West Palm Beach,Florida 33401 West Palm Beach,Florida 33402-3475
CX 1 V17D�7 .tom. Telephone(561)659 3000 Facsimile(561)832-1454
Attorneys and Counselors
John C.Randolph,Esq.
Direct Dial: (561)650-0458 ?
E-mail:jandolph@jones-foster.com •
June 25, 1998 VIA FAX 575-6239
Mr. Scott D. Ladd
Director of Community Development
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469-0273
RE: Village of Tequesta-Interlocal Agreement with Palm Beach County
Regulating Contractors and Construction Activity
Our File No. 13153.1
Dear Scott:
Please be advised that I have reviewed the above referenced Interlocal Agreement and hereby.
approve same as to legal form and sufficiency. I would recommend that the agreement be modified
to properly reflect the name of the Village of Tequesta, as opposed to the "City."
Sincerely,
JONES, FOSTER, JOHNSTON& STUBBS,P.A.
John C. Randolph
JCR/ssm
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VV (.9,
O
County Administration
P.O.Box 1989 MEMORANDUM
West Palm Beach,FL 33402-1989
(561)355-2030
Fax:(561)355-3982 3 — �-S
TO: Dale A. Peterson, Director —
http:/lwwwco.palm-beach.fl.us Contractor's Certification
• • FROM: Robert Weisman, P.E.
County Administrator
Palm Beach County DATE: May 7, 1998
Board of County
Commissioners RE: Interlocal Agreement for Enforcement of
Burt Aaronson,Chairman County Ordinance 97-56
Maude Ford Lee,Vice Chair
Karen T.Marcus On April 21, 1998 the Board of County Commissioners adopted
Carol A Roberts "Resolution No. R-98-558 which authorized the County Administrator
or designee to execute' a standard . interlocal agreement with
Warren H.Newell municipalities desiring enforcement of the provisions of County
Mary McCarty Ordinance 97-56 within their corporate limits.
Ken L.Foster
As my designee, you are authorized to execute the standard
interlocal agreement with municipalities on behalf of the Board of
County Administrator County Commissioners.
Robert Weisman,RE. All fully executed interlocal agreements will be received and filed with
the Board of County Commissioners.
cc: Patrick Miller, Deputy County Administrator
Dominic Sims, Exec. Director - PZ & B
Rebecca Duke, Asst. County Attorney
An Equal Opportunity
Affirmative Action Employer'
•
*A printed on recycled paper
3e
q7 PALM BEACH COUNTY
PLANNING,ZONING AND BUILDING DEPARTMENT
• CONTRACTOR'S CERTIFICATION DIVISION
POLICY AND PROCEDURE
Dale A.Peterson,Director
PPM# PCO-029
Issued: 05/08/98
Effective: 05/08/98
•
•
SUBJECT: INTERLOCAL AGREEMENT WITH MUNICIPALITIES FOR ENFORCEMENT
OF ORDINANCE 97-56.
PURPOSE: To establish procedures for executing interlocal agreements with municipalities for
enforcement of County Ordinance 97-56 within their corporate limits.
AUTHORITIES: 1. Florida Statutes,Chapter 489
2. Palm Beach County Ordinance 97-56
3. Board of County Commissioners Resolution No.R-98-558
4. Contractor's Certification Division PPM#PC0-018
POLICY: It is policy of the Board of County Commissioners(BCC)and the Construction Industry
Licensing Board of Palm Beach County(CILB)to enter into an interlocal agreement with
any County municipality desiring enforcement of the provision of County Ordinance 97-56
within their corporate limits.
PROCEDURE: 1. Contractor's Certification Division will notify municipalities of the option
provided by F.S.489 for enforcement of a County Ordinance within their
corporate limits.
2. Interested municipalities will be provided appropriate information(i.e.,F.S.
489,Ordinance 97-56,Resolution No.R-98-558 ,PPM#PCO-018,Interlocal
Agreement)by the Contractor's Certification Division..
3. Cities/municipalities desiring to enter into an agreement will execute the
attached standard Interlocal Agreement and forward two(2)originals to the
Director,Contractor's Certification Division.
4. The Director,Contractor's Certification Division will execute the Interlocal '
Agreement on behalf of the BCC and act as the County's representative.
•
Page 2 of 2
5. Fully executed Interlocal Agreements will be received and filed with the BCC
6. Enforcement of Ordinance 97-56 will be in accordance with the procedures
and schedules contained in PPM#PCO-018.
ATTACHMENTS:
1. BCC Resolution No.R-98-558
2. Standard Interlocal Agreement
i)or2(
Director
RESOLUTION NO.R-98- 558
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PALM BEACH COUNTY,FLORIDA, AUTHORIZING THE
COUNTY ADMINISTRATOR OR DESIGNEE TO EXECUTE
STANDARD INTERLOCAL AGREEMENTS WITH
MUNICIPALITIES IN PALM BEACH COUNTY AND
PROVIDING FOR ENFORCEMENT OF ORDINANCE 97-56
WITHIN MUNICIPALITIES;PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS,the Palm Beach County Board of County Commissioners adopted Ordinance
97-56 on November 18, 1997,providing for the regulation of contractors;and
WHEREAS, pursuant to Section 7 of Ordinance 97-56, the Ordinance applies in the
unincorporated areas of Palm Beach County, but municipalities may authorize the enforcement
of the Ordinance within the municipalities by Interlocal Agreement with Palm Beach County;and
WHEREAS, authorizing the County Administrator or designee to execute a standard
Interlocal Agreement with any municipalities who desire to enter into an Interlocal Agreement with
the County for enforcement of Ordinance 97-56 within the municipalities will expedite the provision
of these enforcement services in municipalities;and
WHEREAS,execution by the County Administrator or designee of the Interlocal Agreements
necessary to provide enforcement within municipalities is a ministerial function and does not
constitute a policy-making decision.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY,FLORIDA,that:
Section 1. The County Administrator or designee is hereby authorized to execute a
standard Interlocal Agreement on behalf of the Board of County Commissioners,which is in the
form attached hereto as Exhibit "A" which has been previously approved as to legal form and
sufficiency by the County Attorney.
Section 2. Should any special provision be requested by a municipality or other
governmental entity for inclusion in the Interlocal Agreement,said Interlocal Agreement shall be
presented to the Board of County Commissioners for consideration and approval.
Section 3. This Resolution shall be incorporated into and made a part of the Policies and
Procedures Manual of the Contractor Certification Division.
•
•
Section 4. The fully executed Interlocal Agreements will be received and filed with the
Board of County Commissioners
Section 5. This Resolution shall be effective on the date adopted.
The foregoing resolution was offered by Commissioner Newell who moved its
adoption. The motion was seconded by Commissioner Lee ,and upon being put
to a vote,the motion passed as follows:
COMMISSIONER BURT AARONSON - Aye
COMMISSIONER MAUDE FORD LEE - Aye
COMMISSIONER KEN L.FOSTER - Absent
COMMISSIONER MARY McCARTY - Aye
COMMISSIONER KAREN T.MARCUS - Aye
COMMISSIONER WARREN H.NEWELL- Aye
COMMISSIONER CAROL A.ROBERTS - Aye
The Chairman thereupon declared the resolution duly passed and adopted this 21 day
of April , 1998. •
PALM BEACH COUNTY,FLORIDA,BY ITS
BOARD OF COUNTY COMMISSIONERS
Dorothy H.Wilken,Clerk
By: Orie e4f / i t7
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Assistant Cou ty rney
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•
5 .
(47cx co Village of Tequesta
1 t MAY 0 4 1998
oRi91" Village Manager's Office
• Department of
Planning,zoning&Building MEMORANDUM
Executive Office
100 Australian Avenue
West Palm Beach.FL 33406
TO: City Managers
(561)233-5255 •
FAX:(561)233-5165 FROM: Dominic Sims, Executive Director
http:llwww.co.palm-beach.fl.us Planning, Zoning & Building Departmen
DATE: April 23, 1998
•
RE: Interlocal Agreement
Palm Beach County
Board of County
Commissioners On November 18, 1997, the Board of County Commissioners
Burt Aaronson.Chairman approved two ordinances regulating locally licensed contractors and
unlicensed construction activity: (1) Ordinance 97-56 (applicable only
Maude Ford Lee.Vice Chair in the unincorporated area of the County pursuant to F.S. 489.127)
Karen T.Marcus provided for issuance of cease and desist orders, issuance of
Carol A.Roberts citations and civil fines, and notices to appear in court in cases of
non-compliant repeat offenders; and (2) Ordinance 97-57 (applicable
Warren H.Newell County wide) provided for issuance of notices to appear in court for
Mary McCarty non- compliant repeat offenders.
Ken L.Foster
Pursuant to F.S. 489, the provisions of Ordinance 97-56 providing for
issuance of citations (and the resulting fines and liens) and cease
and desist orders can be enforced in those municipalities that enter
County Administrator into an Interlocal Agreement with the County.
Robert Weisman.P.E. • On April 21, 1998, the Board of County Commissioners passed a
resolution authorizing the County Administrator or designee to
execute a standard Interlocal Agreement with municipalities desiring
enforcement of the provisions of Ordinance 97-56 within their
corporate limits.
"An Equal Opportunity
Affirmative Action Employer'
ca printed on recycled paper
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Page 2
Interlocal Agreement
A copy of Ordinance 97-56 and a copy of the Interlocal Agreement
are enclosed for your review. If you wish to enter into this agreement,
or desire additional information, please call Dale Peterson, Director
of Contractor's Certification Division, at 233-5531.
DP:common\interlocal.dp
Enclosures: Ordinance 97-56
Interlocal Agreement
•
, • •
4.0""' `� PALM BEACH COUNTY
i PLANNING,ZONING AND BUILDING DEPARTMENT
• • CONTRACTOR'S CERTIFICATION DIVISION
ZoRror' POLICY AND PROCEDURE
Dale A.Peterson,Director
PPM# PCO-018
Issued: 01/08/98
Effective: 01/15/98
SUBJECT: PROCEDURE FOR IMPLEMENTING PENALTIES FOR ACTS PROHIBITED
BY PALM BEACH COUNTY ORDINANCE 97-56
PURPOSE: To establish procedures for issuance of citations and a schedule of civil penalties for
violations of construction licensing laws and ordinances.
AUTHORITIES:
1. Florida Statutes,Chapter 489
2. Laws of Florida,Chapter 67-1876
3. Palm Beach County Ordinance 97-56
POLICY: It is the policy of Palm Beach County (PBC)and the Construction Industry Licensing
Board of Palm Beach County(CILB) to issue notices of noncompliance and citations,
assess civil penalties and order court appearances for acts prohibited by PBC Ordinance
97-56 and F.S.489.
PROCEDURE:
1. A notice of noncompliance (NON) or citation with a civil penalty may be
issued for prohibited acts identified in Section 2 of Ordinance 97-56.
2. All information must be provided on the Citation Form as required by Section
3.B.of Ordinance 97-56.
3. A cease and desist order will be issued and posted on the site where contracting
activity is being performed without the required certification for the work
being performed.
4. A notice to appear(NTA)in County Court may be issued to non-compliant
repeat offenders. Prior to issuing a NTA, written notice of the violation
(NON)must be provided with a reasonable time for correction specified(not
less than 5 days and no more than 30 days). A NTA may be issued if the
violation is not corrected within the prescribed time period.
5. Issuance of a NTA requires the approval of the Division Director or the Chief
Field Investigator.
Page 2 of 2
CITATION PENALTIES:
1. Penalties will normally be assessed in accordance with the attached schedule
of penalties.
2. Variations from the schedule must be approved by the Division Director or
Chief Field Investigator.
CITATION FORMS:
1. Citation forms are pre-numbered and will be assigned to Field Investigators
in books of 25 citations.
2. • Field Investigators are accountable for the citation forms. The white copy of
the citation will be turned in immediately to the Secretary,yellow copy will
remain with case for backup,the pink copy is to be retained by the investigator
and the gold copy is provided to the respondent.
3. A record will be maintained on the disposition of all citation forms.
4. All copies of citation forms which may be damaged or not usable will be
returned to the secretary for destruction.
5. Voided citations will be returned to the Chief Field Investigator or Director
with an explanation of the error. The citation then will be given to the
Secretary for disposition and destruction.
APPLICABILITY:
1. Civil penalties and cease and desist orders may be issued only in the
unincorporated areas of Palm Beach County unless an agreement exists with
a municipality.
2. These provisions/procedures on citations,cease and desist orders and NTA's
apply to unlicensed contracting activity and locally licensed contractors only.
3. Notices of noncompliance may be issued to State certified contractors.
4. Referral of cases to other agencies for investigation or prosecution is not
affected by these procedures.
ATTACHMENTS:
1. Notice of Noncompliance Form
2. Citation Form
3. Schedule of Penalties
Revised:5/98
Ar,6
a.
Director
/ e '*c CONSTRUCTION INDUSTRY LICENSING BOARD
OF PALM BEACH COUNTY
• l00 AUSTRALIAN AVE
"toatot' WEST PALM BEACH, FL 33406
NOTICE OF
NONCOMPLIANCE/
DATE:
TO: CERTIFICATION #
(Print all information clearly in blue or black ballpoint pen)
COMPANY NAME:
ADDRESS:
LOCATION: CASE #:
YOU ARE HEREBY NOTIFIED that an investigation reveals that you are in noncompliance with: .
PALM BEACH COUNTY ORDINANCE SECTION:
FLORIDA STATUE 489(PART I or PART II) SECTION:
VIOLATION:
•
•
DETAILS:
•
REQUIREMENTS FOR CORRECTION
•
THEREFORE, you are hereby directed that on or before the day of You are to
CORRECT SAID VIOLATION and NOTIFY THE UNDERSIGNED IN WRITING that the violation has been
corrected and use case number of said Notice of Noncompliance.
By: Phone #:
For use with certified contracting actvlty:
Upon request, the information contained in this notice can be made available in an alternative format.
CIVIL CITATION CITATION # Case No
' •
1018
❑ Unincorporated
CONSTRUCTION INDUSTRY LICENSING BOARD OF PALM BEACH COUNTY 0 (Municipality
100 AUSTRALIAN AVE - ROOM 31.7
WEST PALM BEACH,FL 33406 PHONE# 233-5525
STATE OF FLORIDA,COUNTY OF PALM BEACH: In the name of Palm Beach County the undersigned certifies that he/she has just am_
reasonable grounds to believe, and does believe that:
A.M.
On the day of 19 at P.M.
( )
Last Name First M.I. Telephone#
Street City State Zip Code
Date of Birth Race Sex Drivers Liccmc Number&State Occupation
•
Co-Respondent Name(Last,First,Middle) Race Sex Date of Birth Occupation
Co-Respondent Name(Last.First,Middle) • Race Sex Date of Birth Occupation
•
At(give location)
Committed the following offense(s). (1)
❑Certified # ❑Uncertified •
In violation of Palm Beach County Ordinance 97-56 Sects)
Details:
Notice: This citation is issued pursuant to County Ordinance 97-56 and FS Chapter 489. The violation for which you are charged is a
civil infraction. Your signature below does not constitute an admission of guilt however,willful refusal to sign and accept this citation
is a misdemeanor of the 2nd degree as provided by FS 775.082 and 775.085. Failure to pay the applicable civil penalty or request a
hearing to contest the citation within ten(10)working days of receipt of the citation shall constitute a waiver of your right to an
administrative hearing and shall be deemed an admission of the violation and a lien may be filed against any real or personal property
you own. SEE REVERSE SIDE FOR PAYMENT AND APPEAL PROCESSES.
❑ Offense# Fine Amount: S Date
Date/Time of Issuance:
Signature of Respondent A.M.
P.! .
Date Time
Investigator Signature
OVER
:strthution (White-Office Yellow-File Pink-Investigator g Gold-Respondent
PAYMENT PROCEDURE
ou may mail the amount of the civil penalty, along with a copy of the citation, to the address below. You may also pay
.e amount in person between 8:00 AM and 4:30 PM, Monday through Friday at this location. All payments must be
US FUNDS in the form of certified or cashier's checks or money orders payable to Palm Beach County. US currency
ay be used if paid in person. Do not send cash through US Mail.
CONSTRUCTION INDUSTRY LICENSING
BOARD OF PALM BEACH COUNTY
100 AUSTRALIAN AVE. - ROOM 317
WEST PALM BEACH, FLORIDA 33406
(561) 233-5530
•
RIGHT TO APPEAL
ou may waive your right to pay the initial civil penalty assessed in the citation and exercise your right to an
iministrative hearing to appeal the issuance of this citation. Such hearing will be conducted by the Construction Industry
censing Board(CILB) or a designated Special Master. You must request a hearing in writing to the CILB at the above
'dress within ten(10)working days of receipt of the citation. You will be notified of the scheduled hearing date and
ne.
the CILB or Special Master finds that a violation(s) exists, a civil penalty of up to $1,000 per day for each violation
y be imposed.
AMERICAN DISABILITIES ACT:
T ACCORDANCE WITH THE AMERICAN DISABILITIES ACT, THIS DOCUMENT MAY BE
EQUESTED IN AN ALTERNATE FORMAT. CONTACT THE OFFICE OF THE
ONSTRUCTION INDUSTRY LICENSING BOARD AT (561) 233-5525 FOR FURTHER
dFORMATION.
•
Schedule of Penalties for Acts Prohibited by PBC Ordinance 97-56
Notices of Noncompliance (NON), Civil Citations (CC) and Notices to Appear (NTA) will be
issued in accordance with the following schedule for prohibited acts identified in Section 2 of
Ordinance 97-56. The prohibitions listed herein are abbreviated; Ordinance 97-56, Sections 2 and
3, must be used for completeness when issuing any of the above documents.
Ord 97-56 Prohibition First Second
Section 2 (Abbreviated) Offense Offense
A. ( 1) False representations as a licensee Use violation#6
( 2) Impersonate a certificate holder Use violation#6
( 3) Present as own the certification of another person 500 500
(Unl)
( 4) Knowingly give false/forged evidence to CILB Use violation#6
( 5) Use of suspended or revoked certification (Unl) 500 500
( 6) Engage, act or advertise as available for contracting NON if victim(NTA if not
without being registered or certified (Unl) corrected)
• 500 500
( 7) Contracting with no qualifier beyond 60 days 500 500
(St.L.) 90 days(Ct.L.) Unlicensed activity after specified time.
( 8) Starting work without required permits (Ct.L.) _ 250 500
( 9) Willful/deliberate disregard of Ordinance (Ct.L.) CILB
(related to uncertified/unregistered contractors)
B. ( 1) Engage in business without meeting provisions 500 500
of the Special Act (Unl)
( 2) Without proper certification: (Unl)
(a) Advertise as qualified 250 500
(b) Testify in court as a contractor 500 500
( 3) Failure to identify vehicle (Ct.L.) NON 250
( 4) Failure to include certification number in ads NON 250
(Ct.L.)
Page 2
Schedule of Penalties for Acts Prohibited by PBC Ordinance 97-56
Ord 97-56 Prohibition First Second
Section 2 (Abbreviated) Offense Offense
C. ( 1) Willful/deliberate violation of building code CILB or LCRB
(Ct.L.; St.L.)
( 2) Aiding/abetting unlicensed personnel (Ct.L.) 500 500
(Possible CILB)
( 3) Knowingly conspiring with unlicensed to evade
. provision of Special Act (Ct.L.) CILB
( 4) (a) Acting in an name other than on certificate 250 500 .
(b)Working outside scope of certification (Ct.L.) 500 500
( 5) Diversion of funds, unable to fulfill contract Use violation# 16
( 6) Failure in any material respect to comply with
provision of Special Act Not used for citations
( 7) Failure to maintain required insurance (Ct.L.) • NON 250
( 8) Falsification of application or testimony to CILB CILB
(Ct.L., Unl.)
( 9) Abandonment of Construction project (Ct.L.) NON(NTA if not corrected)
• (Possible CILB)
(10) Falsely indicating work is bonded, subcontractors NON(NTA if not corrected)
paid which results in financial loss; falsely . (Possible CILB)
indicating insurance coverage (Ct.L.)
(11) Fraud/deceit/gross negligence/misconduct in CILB or LCRB
contracting (Ct.L., St.L.)
(12) Subcontracting to person/firms not holding required
certification. (Ct.L., O/B & H/O) 500 500
•
•
Page 3
Schedule of Penalties for Acts Prohibited by PBC Ordinance 97-56
Ord 97-56 Prohibition First Second
Section 2 (Abbreviated) Offense Offense
(13) Obtaining a permit for work not supervised or
controlled by certificate holder (Ct.L.) 250 500
(14) Convicted, found guilty of a crime relating to
contracting (Ct.L.) CILB
(15) Failure to satisfy civil judgement relating to NON(NTA if not corrected)
contracting (Ct.L.) (Possible C1LB
(16) Nfiismanagement/misconduct in contracting causing NON(NTA if not corrected) •
financial harm (Ct.L.) (Possible CILB)
Notes: 1. The above schedule of actions may be adjusted because of special circumstances or
situations. In the case of contractors holding a County certification, a hearing before
the CILB rather than imposition of a fine may be appropriate, depending on the
nature/seriousness of the violation. Likewise, a notice of noncompliance with a time
for corrective action may be appropriate, especially when there is a victim/loss.. All
such adjustments/changes require the approval of the Chief Field Investigator or
Division Director.
2. Referral of cases to other agencies for investigation or prosecution is not affected by
the fine schedule.
Ct.L.: County Licensed
OB : Owner/Builder
Unl : Unlicensed
St.L. : State Licensed •
H/O : Homeowner
• - RESOLUTION..NO. 35 - 97/98
A RESOLUTION OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH
COUNTY, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT BETWEEN PALM BEACH COUNTY AND
THE VILLAGE OF TEQUESTA AUTHORIZING THE
ENFORCEMENT OF ORDINANCE 97-56 REGULATING
CONTRACTORS AND CONSTRUCTION ACTIVITY
. WITHIN THE VILLAGE OF ' TEQUESTA AND
AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE SAME ON BEHALF OF THE
VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY' THE VILLAGE COUNCIL. OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS •
FOLLOWS:
Section 1. The Interlocal Agreement between Palm Beach
County and the Village of Tequesta for the enforcement of
Palm Beach County Ordinance •97-56 Regulating Contractors
and Construction Activity and Authorizing the Same Within •
the Jurisdictional 'Boundaries of the Village of Tequesta,
attached hereto as Exhibit "A" , is hereby approved and
the Village Manager of the - Village of Tequesta is
authorized to execute the same on behalf of the Village
of Tequesta.
•
THE FOREGOING RESOLUTION WAS OFFERED by Councilmember
, who moved its adoption. The motion
was seconded by Councilmember , and upon
being put to a vote, the vote was as follows :
FOR ADOPTION AGAINST ADOPTION
•
The Mayor thereupon declared the Resolution duly passed
and adopted this 23rd day of July, A.D. , 1998 .
MAYOR OF TEQUESTA
Elizabeth A. Schauer
ATTEST:
Joann Manganiello
Village Clerk
amipro\resolutions\35-9798