§ 9-167. Complaints; process.

(a)

On its own motion, or the verified written complaint of any person, the County may investigate the action of any sole proprietor, business organization, or governmental agency performing, or offering to contract for, tree trimming services within Broward County. If, after such investigation, the County has reasonable grounds to believe that a sole proprietor, business organization, or governmental agency has violated any provision of this article, the County may forward the complaint to a hearing officer. A disciplinary hearing shall be held in accordance with the rules and procedures established by this article. The hearing officer shall order whatever disciplinary action is appropriate if the sole proprietor, business organization, or governmental agency is found guilty of, or in violation of, any provision of this article.

(b)

No sole proprietor or business organization under this article shall:

(1)

Willfully, deliberately, or negligently disregard or violate any provision of this article;

(2)

Perform any act which assists any person or entity to engage in the prohibited unlicensed practice of tree trimming, if the license holder knows, or has reasonable grounds to know, that the person or entity was unlicensed;

(3)

Knowingly combine or conspire with an unlicensed individual or business organization by allowing the sole proprietor's license or the business organization's license to be used by an unlicensed individual or business organization with intent to evade the provisions of this article;

(4)

Commit mismanagement or misconduct in the practice of contracting for tree trimming that causes financial harm to a customer;

(5)

Misrepresent or falsify any information supplied to the County in the application for licensure which the applicant knew, or had reasonable grounds to know, was false;

(6)

Fail to have a trained person at the work site at all times during which work regulated by this article is in progress;

(7)

Commit in any jurisdiction fraud or deceit in the practice of contracting;

(8)

Fail to comply, in any material respect, with the provisions of this article or the Broward County Code of Ordinances;

(9)

Fail to maintain in full force and effect any insurance required by this article;

(10)

Fail to ensure that the license number appears in advertisements where the sole proprietor or business organization has been issued a current active license by the County and who advertises as a contractor in any newspaper, magazine, classified telephone directory, sign, or other advertising medium utilizing printed material distributed or consumed within Broward County;

(11)

Advertise with a license number indicating a higher classification than for which the license holder has received a license;

(12)

Commit in any jurisdiction incompetence or misconduct in the practice of contracting;

(13)

Commit in any jurisdiction negligence resulting in a significant danger to life or property, gross negligence, or repeated negligence;

(14)

Fail to maintain Workers' Compensation Insurance coverage as required by law;

(15)

Advertise as capable of performing work for which licensure is required by this article without first obtaining a license;

(16)

Fail to notify the County within thirty (30) days after a change of mailing address and/or telephone number and, if it is a business organization, of a change in its legal status;

(17)

Fail to comply with an order issued by the hearing officer;

(18)

Fail to properly clear all tree trimming debris from property and dispose of such debris; or

(19)

Fail to have copies of the required insurance policy(ies) or certificates of insurance available for inspection at every job site where work regulated by this article is in progress.

(c)

No governmental agency under this article shall:

(1)

Willfully, deliberately, or negligently disregard or violate any applicable provision of this article;

(2)

Fail to have a trained person at the work site at all times during which tree trimming is in progress;

(3)

Fail to comply, in any material respect, with the provisions of this article; or

(4)

Fail to comply with an order issued by the hearing officer.

(d)

Any sole proprietor, business organization, or governmental agency conducting tree trimming services within Broward County that has been found in violation of, or entered a plea of nolo contendere or guilty to, regardless of the adjudication of guilt, including adjudication withheld, two (2) violations of tree abuse within a period of three (3) years pursuant to Chapter 27, Article XIV, Broward County Code of Ordinances, or pursuant to any ordinance enacted by a municipality and certified by the County, shall be subject to a disciplinary hearing to be held in accordance with the rules and procedures established by this article. If the sole proprietor, business organization, or governmental agency is found in violation of this section, the hearing officer shall order penalties and disciplinary actions, as provided in Section 9-172. Before any revoked license may be reissued, the sole proprietor, an officer or agent of the business organization, or an authorized agent of the governmental agency must reapply for licensure and meet all of the standards and requirements of this article.

(Ord. No. 2009-14, § 3, 3-24-09; Ord. No. 2013-37, § 1, 11-12-13)