§ 9-29. Citation procedures; persons and entities licensed by the Central Examining Boards.

(a)

Broward County hereby adopts alternate code enforcement procedures pursuant to Sections 162.03 and 162.21, Florida Statutes, et seq., as amended, that provide authority for code enforcement officers to issue notices of violation and citations to persons and entities licensed by the Broward County Central Examining Boards and to hold hearings and assess fines against violators of the respective provisions of Chapter 9 of the Broward County Code of Ordinances.

(b)

Code enforcement officers shall have the authority to initiate enforcement proceedings as provided herein. No board shall have the power to initiate such proceedings.

(c)

A code enforcement officer who finds a violation of a code identified in Subsection 9-29(j) has the authority to serve a notice of violation to the violator. Except as otherwise provided for in this code, the code enforcement officer shall set a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of fairness, practicality, ease of correction, nature, extent, and probability of danger or damage to the public or property, and any other relevant factor relating to the reasonableness of the time period prescribed. A code enforcement officer is not required to issue a notice of violation and may immediately issue a citation to a violator if there is reason to believe that the violation presents a serious threat to the public health, safety, or welfare, if the violation is irreparable or irreversible, or if the violation is a repeat violation.

(d)

A code enforcement officer who finds that a violation has continued beyond the date specified in the notice of violation, or finds a violation that does not require a notice of violation, may serve a citation pursuant to the provisions of Section 9-16 of the Broward County Code of Ordinances to a violator in the amount set forth in subsection (j) below. A code enforcement officer may issue a separate citation for each day that a violation is found to exist beyond the date set for compliance. The citation form shall include, but not be limited to, the following:

(1)

Date and time of issuance;

(2)

Name of code enforcement officer and division or department issuing the citation;

(3)

Name and address of the alleged violator;

(4)

Code section that has been violated;

(5)

Brief description of the nature of the violation, including location, date, and time of violation;

(6)

Amount of the applicable civil penalty;

(7)

Procedure for the person to follow to pay the civil penalty or to contest the citation;

(8)

Notice that additional citations may be issued for each day that the applicable violation is found to exist;

(9)

Notice that failure to pay the civil penalty within the time allowed and failure to request an administrative hearing within ten (10) days after service of the citation shall constitute a waiver of the violator's right to an administrative hearing before the applicable board, and that, in such case, judgment may be entered up to the maximum civil penalty; and

(10)

Notice that the violator may be liable for the reasonable costs of the administrative hearing should the violator be found guilty of the violation.

(e)

A person who has been served with a citation shall elect either to:

(1)

Correct the violation and pay the civil penalty in the manner indicated on the citation; or

(2)

Request an administrative hearing before the applicable board to appeal the decision of the code enforcement officer to issue the citation. Appeal by administrative hearing of the citation shall be accomplished by filing a request in writing to the address indicated on the citation no later than ten (10) days after service of the citation.

(f)

Failure of an alleged violator to appeal the decision of the code enforcement officer within this time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing may result in the imposition of a fine against the violator for an amount up to the maximum civil penalty.

(g)

Upon receipt of a timely request for an administrative hearing, the matter shall be set for hearing on the next regularly scheduled meeting of the applicable board or as soon thereafter as possible.

(1)

The County shall serve a notice of hearing to the violator, which notice shall include, but not be limited to, the following:

a.

Place, date, and time of the hearing;

b.

Right of the alleged violator to be represented by an attorney;

c.

Right of the violator to present witnesses and evidence and conduct cross examination; and

d.

A conspicuous statement reflecting the requirements of Chapter 286, Florida Statutes, as amended, that a person deciding to appeal any decision of a hearing officer will need to ensure that a verbatim record of the proceedings is made. In lieu of providing a notice of hearing as provided above, the County may include a hearing date in the citation that will be scheduled if the violator requests an administrative hearing, provided that the citation includes the information required by this subsection.

(2)

No hearing shall be scheduled sooner than ten (10) days from the date of service of the citation unless there is reason to believe that a violation presents a serious threat to the public health, safety, or welfare.

(3)

All meetings shall be open to the public. All testimony shall be under oath, minutes shall be taken, and the proceedings shall be recorded.

(4)

Each case before a board shall be presented by personnel designated by the County Administrator. The County Administrator or the applicable Division Director shall adopt procedures for the conduct of hearings before the boards.

(5)

Formal rules of evidence shall not apply, but fundamental principles of due process shall be observed and govern the proceedings. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a state of Florida court.

(6)

Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross examine opposing witnesses on any relevant matter.

(7)

The board shall make findings of fact based on evidence presented. In order to make a finding affirming the code enforcement officer's decision, the board shall find by clear and convincing evidence that the violator was properly served with notice, that the violator was responsible for the violation of the relevant code provision cited, and that the time for correction set by the code enforcement officer in the notice of violation, if required under Subsection 9-29(c), was reasonable.

(8)

The board may not determine that the time given for correction in the notice of violation was too long. If the board finds that a violation occurred but determines that the time given for correction was too short, the board shall determine a reasonable time period for correction. If the citation was issued before the reasonable time period had expired, the board shall enter an order finding that a violation occurred, but shall not assess the applicable fine against the violator.

(9)

If the violator is found guilty of the violation and the appropriate fine is imposed, the violator may also be held liable for the reasonable costs of the administrative hearing, at the discretion of the board.

(10)

The board shall have the power to:

a.

Take testimony under oath;

b.

Determine whether the cited violations occurred;

c.

Determine whether a reasonable time period for compliance was given;

d.

Determine whether the violator was properly notified of the hearing;

e.

Assess and order the payment of civil penalties and administrative costs, as provided under this chapter, within a specified time; and

f.

Impose liens, as provided by this chapter.

(11)

A hearing on a citation shall not be conducted if the named violator, prior to the scheduled hearing date, files with a duly authorized County board of appropriate jurisdiction an appeal concerning the interpretation or application of the code provision on which the alleged violation was based. Upon exhaustion of the administrative appeal and finalization of the administrative order by such board in favor of the County, a hearing previously requested may be scheduled.

(12)

The board shall be bound by the interpretations and decisions of duly authorized County boards concerning the provisions of the codes within their respective jurisdictions.

(h)

The violator or the County may seek a rehearing of the case by filing a written motion for rehearing within five (5) working days of rendition of the decision by the board. The motion for rehearing shall set forth issues which were overlooked or omitted at the hearing but shall not consist of a reargument of the case. If the motion is made by the violator, said motion shall be sent to the enforcing division at the address set forth on the notice of hearing. The division shall immediately forward the motion for rehearing to the applicable board. If the motion is made by the County, the County shall forward a copy of the motion to the applicable board and to the violator at the violator's last known address. At the board's next meeting, the board shall enter an order on the motion for rehearing. If the motion for rehearing is granted, the case shall be set for rehearing at the next regularly scheduled hearing or as soon thereafter as possible.

(i)

The violator or the County may appeal a decision of a board by certiorari to the Seventeenth Judicial Circuit within thirty (30) days of the date of rendition of the decision of the board, as provided by the Florida Rules of Appellate Procedure.

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(j)

Schedule of civil penalties: The following sets forth code violations for which civil penalties may be cited under this section:

Violation		First Violation	Repeat Violation
(1)	Willfully, deliberately or negligently disregarding or violating any provision of the building code or any state laws or regulations which directly relate to the practice of contracting or the ability to practice contracting;	$250.00	$500.00
(2)	Performing any act which assists a person orentity to engage in the prohibited, uncertified, and/or unregistered practice of contracting if the holder or certificate registrant knows, or has reasonable grounds to know, that the individual or business organization was uncertified and/or unregistered, if registration is required by Chapter 489, Florida Statutes, and no financial harm results to the consumer;	250.00	500.00
(3)	Knowingly combining or conspiring with an uncertified or unregistered individual or business organization by allowing the certificate holder's certification to be used by the uncertified or unregistered individual or business organization with intent to evade the provisions of Chapter 9. When a certificate holder or registrant allows the certificate or registration to be used by one (1) or more business organization(s) without having any active participation in the operations, management or control of such business organization(s), such act constitutes prima facie evidence of an intent to evade the provisions of this chapter by the certificate holder or registrant and the business organization;	250.00	500.00
(4)	Qualifying or contracting to act as qualifying agent for any business organization which is not certified pursuant to the provisions of this chapter;	250.00	500.00
(5)	Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer;	250.00	500.00
(6)	Failing to complete a project or operation in accordance with the plans and specifications set forth within the agreement between the contractor or the business organization and the customer;	250.00	500.00
(7)	Contracting, or advertising, as capable of performing, or performing any work which is not within the description of the category or class for which the contractor or the business organization has been certified by the board;	100.00	250.00
(8)	Abandoning a construction project or operation in which the contractor or the business organization is engaged or under contract as a contractor. A project is to be considered abandoned after thirty (30) days if the contractor or the business organization terminates the project or operation without just cause or without notification to the prospective owner including the reason for termination, or fails to perform work without just cause for ninety (90) consecutive days;	250.00	500.00
(9)	Materially departing from or disregarding the plans or specifications of a construction project without the written consent of the owner therefore the owner's duly authorized representative;	250.00	500.00
(10)	Misrepresenting or falsifying any information supplied to the board in the application for certification or renewal or to a building department pursuant to a building permit application which the applicant knew, or had reasonable grounds to know, was false;	250.00	500.00
(11)	Failing to properly supervise any project;	250.00	500.00
(12)	Being convicted or found guilty of a crime or entering a plea of nolo contendere, regardless of adjudication, in any jurisdiction which directly relates to the practice of construction contracting or the ability to practice construction contracting;	250.00	500.00
(13)	Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that workers' compensation and public liability insurance are provided;	250.00	500.00
(14)	Being convicted or found guilty in any jurisdiction of fraud in the practice of construction contracting;	250.00	500.00
(15)	Proceeding on any job without obtaining applicable County or municipal building department permits and inspections;	100.00	250.00
(16)	Failing to comply, in any material respect, with the provisions of Chapter 9;	250.00	500.00
(17)	Violating any registration requirements imposed by the laws or regulations of the State of Florida;	100.00	250.00
(18)	Failing to maintain in full force and effect any insurance required by Chapter 9 or the board;	250.00	500.00
(19)	Failing to ensure that the appropriate certificate of competency number appears in advertisements, as defined in Subsection 9-3(1), where the certificate holder has been issued a current active certificate of competency by the board or failure of a business organization to ensure that its qualifying agent's certificate of competency number appears in its advertisements;	100.00	250.00
(20)	Committing, in any jurisdiction, incompetence or misconduct in the practice of contracting;	250.00	500.00
(21)	Committing, in any jurisdiction, negligence resulting in a significant danger to life or property, gross negligence or repeated negligence;	250.00	500.00
(22)	Failing to maintain workers' compensation insurance coverage as required by law;	250.00	500.00
(23)	Having been found to be in violation of Broward County Consumer Protection Code;	250.00	500.00
(24)	Advertising as capable of performing work in anytrade for which certification of the business organization is required by the Board without having obtained said certification;	250.00	500.00
(25)	Failing to notify the board of a change of business address, mailing address and/or telephone number and, if it is a business organization, failing to notify the board of a change in its legal status or termination of its qualifying agent;	100.00	250.00
(26)	Contracting or offering to contract while a business organization is inactive;	250.00	500.00
(27)	Failing to comply with an order issued by the board;	250.00	500.00
(28)	Failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against the individual or business organization qualified by the individual, relating to the practice of the individual's profession or the business organization's business;	250.00	500.00
(29)	Utilizing or attempting to utilize a certificate of competency which has been suspended, revoked, placed on inactive status, expired, or surrendered;	250.00	500.00
(30)	Failing to discontinue work on a project after having been ordered to do so by a building official or building code inspector pursuant to the provisions of the building code; or	250.00	500.00
(31)	Being found to cheat on the examination for certification pursuant to this chapter.	250.00	500.00

 

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(k)

If a board finds that a violation exists and assesses a fine, or if a violator does not contest a citation as provided under this section and the violator fails to pay the applicable fine, the board may enter an order imposing the fines previously set. A certified copy of an order imposing a civil penalty may be recorded in the public records and thereafter shall constitute a lien against the real and personal property of the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including a levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the County may foreclose or otherwise execute on the lien. No lien created pursuant to the provisions of this section may be foreclosed on real property which is a homestead under Section 4, Article X, of the Florida Constitution.

(Ord. No. 2007-05, § 5, 4-24-07; Ord. No. 2008-10, § 1, 2-26-08; Ord. No. 2010-15, § 1, 4-13-10)