§ 6-91. Disciplinary process for locally licensed contractors.

(a)

Upon receiving a written complaint from a consumer or governmental agency, or if the building department has reasonable cause to believe that a locally licensed or registered contractor has violated the terms and provisions of this code, Florida Statutes, or any adopted building code, the building department shall initiate an investigation.

(b)

After investigation, the code enforcement officer shall issue a notice of noncompliance as its first response to a minor violation in any instance in which it is reasonable to assume that the violator was unaware of such a law or unclear as to how to comply with it. A violation is a "minor violation" if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. The designation of violations as minor for the purposes of this section is limited to initial violations which are corrected within fifteen (15) days of the building department's issuance of a notice of noncompliance. A notice of noncompliance shall not be accompanied with a fine or other disciplinary penalty. The notice of noncompliance shall identify the specific ordinance that is being violated, provided information on how to comply with the ordinance, and specify that the violator has fifteen (15) days or another specified time frame to comply with the ordinance. Failure of a licensee to take action correcting the violation within a set period of time shall then result in the institution of further disciplinary proceedings.

(c)

If the investigation determines that a violation of this code other than a minor violation has occurred, the building department shall, unless mediated, file an administrative complaint with the board of building examiners or issue a citation. The board of building examiners shall hold a public hearing to determine if disciplinary action should be taken against the contractor and if so, specify the action. Each administrative complaint shall provide, as a minimum, the following information:

(1)

The name and address of the contractor being charged.

(2)

A clear statement of the violations charged.

(3)

A clear statement of the factual basis for the charges.

(4)

A recommendation to the board of building examiners for action to be taken against the local license.

Copies of contracts, drawings or specifications shall be attached as an exhibit to the complaint.

(d)

Upon the filing of an administrative complaint, the alleged violator will be notified that the board will conduct a public hearing to investigate the allegations in the complaint by certified mail, return receipt requested or by hand delivery by a code enforcement officer. The alleged violator shall be given at least ten (10) days written notice prior to the date of the public hearing. Each contractor holding a local license from the county shall be responsible for keeping his/her current mailing address on file with the building official. The building official shall be responsible for timely mailing or delivering a notice of hearing to the contractor in substantially the following form:

NOTICE OF HEARING

You are hereby notified that Lake County has filed an administrative complaint against your competency as a building contractor in Lake County, Florida. A copy of the complaint is attached to this notice for your information.

On ___________ (date) at _______ (time) at the ___________ (place of public), the Lake County Board of Building Examiners will hear testimony concerning the allegations in the administrative complaint. You are urged to attend this meeting and to present testimony before the Board to explain or refute the charges in the complaint. You may be represented by an attorney at the meeting and you may bring witnesses to testify on your behalf. If you are unable to attend, you must request a postponement of the hearing in writing at least five (5) days prior to the scheduled hearing date.

The Lake County Board of Building Examiners has the power to suspend or revoke your local license in Lake County. Your failure to attend the hearing may result in the suspension or revocation of your local license.

(e)

Lake County or the contractor may request a thirty-day postponement of a scheduled public hearing. A request for a postponement must be made in writing at least five (5) days prior to the scheduled hearing date. The building official shall grant a request for postponement, but in no event shall the building official postpone a hearing for more than sixty (60) days from the initially scheduled hearing date. The building official shall notify the contractor and complainant, if any, of the rescheduled hearing in writing, sent by regular mail to contractor's current mailing address on file with the County.

(f)

Each case before the board shall be presented by the county attorney. All hearings shall be open to the public. All testimony shall be taken under oath and shall be recorded. The board shall take testimony from the investigator and the alleged violator. Each party shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses on any relevant matter, as determined by the board. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall 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. At the conclusion of the hearing, the board shall issue findings of the fact and conclusions of law and shall issue an order.

(g)

A citation issued by a code enforcement officer shall be in a form prescribed by the county and shall state:

(1)

The time and date of issuance.

(2)

The name and address of the person to whom the citation is issued.

(3)

The time and date of the violation.

(4)

A brief description of the violation and the facts constituting reasonable cause.

(5)

The name of the code enforcement officer.

(6)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

(7)

The applicable civil penalty if the person elects not to contest the citation.

(h)

The act for which the citation is issued shall be ceased upon receipt of the citation; and the person charged with the violation shall elect either to correct the violation and pay the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the board of building examiners. If the alleged violator fails to pay the citation or to request an administrative hearing within ten (10) days from the date of the citation, his or her license shall be automatically suspended until a hearing is held or the citation paid.

(i)

A person issued a citation may choose to appeal the citation to the board of building examiners. If the board finds that a violation exists, the board may order the violator to pay a civil penalty of not less than the amount set forth on the citation, and not more than one thousand dollars ($1,000.00) per day for each violation. In determining the amount of the penalty or other discipline, the board shall consider the following factors:

(1)

The gravity of the violation.

(2)

Any actions taken by the violator to correct the violation.

(3)

Any previous violations committed by the violator.

(j)

Hearings shall be held before the board of building examiners and shall be conducted pursuant to the requirements this chapter.

(k)

Failure of a violator to appeal the decision of the code enforcement officer within the time period set forth in this paragraph shall constitute a waiver of the violator's right to a hearing. A waiver of the right to a hearing shall be deemed an admission of the violation, and penalties may be imposed accordingly.

(l)

Upon written notification by the code enforcement officer that a violator has not contested the citation or paid the civil penalty within the timeframe allowed on the citation, or if a violation has not been corrected within the timeframe set forth on the notice of violation, the board of building examiners shall enter an order ordering the violator to pay the civil penalty set forth on the citation or notice of violation and suspend the violator's license until penalty is paid or a hearing held, and a hearing shall not be necessary for the issuance of such order.

(Ord. No. 2016-04, § 2, 2-2-16)