§ 9-30. State licensed contractors; citations.

(a)

A building code inspector certified to perform building code inspections in Broward County, who finds a material violation of the building code by a contractor licensed by the state of Florida, has the authority to serve a notice of violation to the violator and shall set a reasonable time period within which the violator shall 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 material violation of the building code means a violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.

(b)

Pursuant to Section 553.781, Florida Statutes, as amended, building code inspector, certified to perform building code inspections in Broward County, who finds that a violation has continued beyond the date specified in the notice of violation, may serve a citation to a violator in the amount set forth in subsection (e) below. The citation form shall include, but not be limited to, the following:

(1)

Date and time of issuance;

(2)

Name of building code inspector and division or department issuing the citation;

(3)

Name and address of the violator;

(4)

Building 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; and

(8)

Notice that failure to pay the civil penalty or dispute the violation within thirty (30) days after service of the citation shall result in a suspension of the licensee's ability to obtain permits within the state of Florida until such time as the fine is paid.

(c)

Notices of violation and citations shall be served pursuant to the provisions of Section 9-16 of the Broward County Code of Ordinances.

(d)

If the contractor disputes the violation within thirty (30) days following service of the citation, the fine is abated and the County shall report the dispute to the Department of Business and Professional Regulation for disciplinary investigation and final disposition.

(e)

Schedule of civil penalties: The following sets forth building code violations for which civil penalties may be cited under this section. Where specific building code provisions apply, the same are indicated following the respective violation description. Amendments affecting the numbering of the referenced sections shall not affect the validity of the fines. References to FBC shall mean the building code:

     Violation      Fine

(1)

Failure to secure construction material after hurricane watch is declared (Section 105.12.2.4, FBC) ..... $500.00

(2)

Alteration of a residential building without a permit (Section 104.1, FBC) ..... 500.00

(3)

Reroofing a building without a permit (Section 104.1, FBC) ..... 500.00

(4)

Alteration of a commercial building without a permit (Section 104.1, FBC) ..... 500.00

(5)

Construction of a building addition or accessory building without a permit (Section 104.1, FBC) ..... 500.00

(6)

Maintaining unsanitary conditions (Section 111.2.1.2, FBC) ..... 500.00

(7)

Discharging deleterious wastes to a drainage system (Section 302, FBC-Plumbing) ..... 500.00

(8)

Hazardous electrical conditions (Section 111.2.1.2, FBC) ..... 500.00

(9)

Unauthorized electrical installations (Section 106.3, FBC) ..... 500.00

(10)

Expiration of a building permit (Section 104.9.3, FBC) ..... 500.00

(Ord. No. 2007-05, § 6, 4-24-07)