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HomeMy WebLinkAboutOrdinance_08_11/13/1957 ORDINANCE NO. 8 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE REGISTRATION AND LICENSING OF CERTAIN CONTRACTORS AND FOR THE FEES TO BE REQUIRED IN CONNECTION THEREWITH; PROVIDING MISCELLANEOUS REGULATIONS OF THE BUSINESS OF CONTRACTING WITHIN SAID VILLAGE; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Village Council of the Village of Tequesta, in Palm Beach County, Florida, has ascertained and determined and does hereby declare that in order to more adequately preserve, insure and protect the safety and promote the general welfare of said Village and its inhabitants, and to prevent irresponsible persons who are not qualified by education or experi- ence from engaging in the business of contracting within said Village, it is i necessary to restrict and regulate said business in the manner and form hereinafter provided for; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 . DEFINITIONS: For the purposes and construction of this ordinance: (a) The word "contractor" is hereby declared and defined to mean any person, firm, co- partnership, corporation, association or other organi- zation, or any combination of any thereof, who is engaged in the business of accepting orders or contracts, either as a general contractor or sub - contractor, on a cost plus, fixed fee, stated sum, percentage or any combination thereof, or other compensation other than wages, doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic pipe, tin, lead or any other building material; or to do any piping or curbing on sidewalks or streets, or public or private property, using asphalt, brick, stone cement, or wood, or any combination thereof; or to excavate for foundations, or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all descriptions; or who is engaged in the business of building, remodelling, repairing, razing or moving any building or structure, whether it be by day labor, contract, cost plus, fixed fee, stated sum, percentage, or any combination thereof, or other compensation than wages. (b) The word "Village" as used in this ordinance shall be construed and defined to mean the Village of Tequesta, Palm Beach County, Florida, except where otherwise indicated by the context. Section 2 . LICENSING OF CONTRACTORS. It shall be unlawful for any person to engage in business in said Village as a contractor or sub- contractor as herein defined without first having procured a license issued pursuant to the provisions of this ordinance. It shall be unlawful for any firm, co- partnership, corporation, association, or other organization, or any combination thereof, to engage in business within said Village as a contractor or sub - contractor as hereinabove defined unless the business of such firm, co- partnership, corporation, association or other organization within said Village shall at all times be under the direction, supervision and management of a licensed contractor or sub - contractor. Section 3 . ELIGIBILITY FOR LICENSE. No individual, firm, co- partnership, corporation, association or any other organization, or any combination thereof, shall be eligible to receive a license to engage in the contracting business within said Village, as hereinafter provided, unless such individual or firm, co- partnership', corporation, organization, or combination thereof, shall at the time of application for such license hold a valid and subsisting contractor's certificate or registration from some other Village, Town or City in Palm Beach County which requires as a pre- requisite for the issuance of said certificate the passage of an oral or written examination, based upon a practical and working knowledge of the business of contracting and the statutes of the State of Florida, applicable to the business in which he seeks to engage. 2 Section 4 . APPLICATION FOR CONTRACTOR'S LICENSE. Hereafter, any individual, firm, co- partnership, corporate association or organization, or any combination thereof, desiring to procure a license to engage in the contracting business with said Village, shall first make application to the Clerk of said Village, which said application shall be in writing and shall set forth: (1) The name of the applicant. If applicant is other than an individual, the name of the officer or partner applying. (2) The length of time said applicant shall have been engaged in the contracting business. (3) The name of the Village, City or Town from which he holds a certificate of registration to engage in business as a contractor or sub- contractor. Section 5 . OCCUPATIONAL LICENSE FEES. The Clerk, upon receipt of the application for license as provided in Section 4 above, shall furnish the contractor or sub - contractor with a Village license upon payment of the appropriate fee as prescribed below. The fee for contractors and sub- contractors shall be the same, and shall be based upon the expiration date for such license as follows: (1) License fee for 12 -month period - $25.00. (2) License fee for 6 -month period - $12.50. The period during which said license shall be in effect shall run from the date of issuance thereof. Licenses may be renewed after expiration upon payment of the appropriate fee as provided above and upon the furnishing of satisfactory evidence to the Clerk that the applicant is still qualified to engage in business in the Village, Town or City set forth in the original application. The licenses herein referred to shall not be transferable. The filing of a petition in bankruptcy, whether it be voluntary or involuntary, against any contractor or sub- contractor holding a license under the provi- sions of this ordinance shall automatically revoke such license pending a decision of the Village Council as hereinafter provided for. Section 6 . INSURANCE REQUIREMENTS. Every contractor granted a 3 license under the terms of this ordinance shall be required to maintain at all times, in a casualty insurance company authorized to do business in the State of Florida, employees' liability insurance or workmen's compensation insurance and public liability insurance within minimum limits on each of not less than Ten Thousand Dollars ($10,000) for one person and Twenty Thousand Dollars ($20,000) for more than one person in any one accident and public property damage insurance with a minimum limit of not less than One Thousand Dollars ($1,000) for any one accident. Failure to comply with the provisions of this section shall result in the automatic revocation of such license, provided, however, that said license may be reinstated by the Clerk upon the production of satisfactory evidence by the licensee indicating that the insurance requirements of this section have been complied with. Section 7 . SUSPENSION AND REVOCATION OF LICENSES. The Village Council shall have the power to revoke or suspend the license of any con- tractor approved and licensed hereunder who shall be guilty of any one or more of the following acts or omissions, to -wit: (a) Fraud or deceit in obtaining his or its license; (b) Negligence, incompetency or misconduct in the practice of contracting within the meaning of this ordinance; (c) Abandonment of any contract without legal excuse; (d) Diversion of property or funds received under express agreement for prosecution or completion of a specific contract under this ordinance, or for a specified 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; (e) 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 wilful, fraudulent act by the licensee as a contractor in consequence of which another is substantially injured; (f) Wilful and deliberate disregard and violation of the ordinances of said Village, including, but not limited to, the Building, Electrical, Plumbing and Zoning Ordinances of said Village or to the rules and regulations of the State Hotel Commission. Anyone may prefer charges against the holder of a contractor's license issued pursuant to the provisions of this ordinance. Such charges shall be made in writing and sworn to by the complainant and submitted to 4 I M �. • • the Village Council, who shall immediately mail a copy of said charges to the accused within at least five (5) days from the receipt thereof, and shall serve notice upon the accused and upon all interested persons of the date fixed for a hearing of such charges before the Village Council. The accused shall have the right to appear personally and by counsel at any hearing and to produce witnesses and evidence in his, its or their defense. If, after hearing the evidence for and against the accused, the Village Council is of the opinion and shall determine by majority vote that said accused is guilty of the charges preferred against him, it or them, the Village Council may suspend or cancel the contractor's license. The Village Council may re -issue a license to any contractor whose license has been revoked, provided three (3) or more members of the Council vote in favor of such re- issuance. Section 8 . EXEMPTIONS. This ordinance shall not apply: (a) To an authorized representative or representatives of the United States of America; the State of Florida; the County of Palm Beach; or Village of Tequesta, Florida; (b) To sole owners of property, building structures or making repairs thereon for their own use; (c) To any contracting job falling within the purview of this ordinance where the total consideration to be paid in connection therewith shall not exceed the sum of Five Hundred Dollars ($500), such exemption in this connection, however, extending only to the payment of license fees, and not to other provisions of this ordinance. Section 9 . PENALTIES. Any person or persons, and the members of any firm, co- partnership, corporation, association or other organization or any combination thereof, presenting or attempting to file or use the license of another, or who shall give false or forged evidence of any kind to the Clerk in obtaining or maintaining a license, or who shall falsely impersonate another, or who shall use an expired or revoked license, or shall violate any one or more of the provisions of any section of this ordinance, shall, upon conviction, be punished by a fine not exceeding Five Hundred Dollars ($500), or by imprisonment for a period not exceeding sixty (60) days, or by both such fine and imprisonment, in the discretion of the Judge of the Village Court for each offense. Section 10 . SAVING CLAUSE. If any section, sub- section, sentence, 5 clause or phrase of this ordinance is for any reason held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 11 . REPEALING ORDINANCES IN CONFLICT HEREWITH. All ordinances or parts of ordinances of the Village of Tequesta in conflict with the provisions of this ordinance shall be and the same are hereby repealed. Section 12 . This ordinance shall take effect immediately upon its passage and approval as provided by law. PASSED AND ADOPTED on first reading this 13th day of November, 1957. PASSED AND ADOPTED on second and final reading this day of November, 1957. �f Village Council APPROVED: ?C joa. Mayor ATTEST: Villa a �ie 6 I