§ 6-93. Prohibited acts and citation penalties.

(a)

A code enforcement officer designated pursuant to this chapter may issue a citation for a violation of this chapter whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that a violation has occurred. It shall be a violation of this chapter for any locally licensed contractor to commit any of the following:

(1)

Obtaining a local license by fraud or misrepresentation. First violation $500.00; Repeat violations $1,000.00.

(2)

Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting. First violation $500.00; Repeat violations $1,000.00.

(3)

Allowing one's local license to be used by any unlicensed or unregistered person. When a local license holder allows his local license to be used by one (1) or more persons or business organizations without having any active participation in the operation, management or control of such business organizations or project, such action constitutes prima facie evidence of intent to evade the provisions of this chapter. First violation $500.00; Repeat violations $1,000.00.

(4)

Acting in the capacity of a contractor under a different name than that which is on their state license or local license card. First violation $500.00; Repeat violations $1,000.00.

(5)

Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. First violation $500.00; Repeat violations $1,000.00. Financial mismanagement or misconduct occurs when any of the following activities occur:

a.

Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within seventy-five (75) days after the date of such liens.

b.

The contractor has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless contractor is entitled to retain such funds under the term of the contract, or refunds the excess funds within thirty (30) days after the date the job is abandoned.

c.

The contractor's job has been completed, and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increases in cost was the result of circumstances beyond the control of the contractor, was the result of circumstances caused by the customer, or was otherwise permitted by the terms of the contract between the contractor and the customer.

d.

The contractor fails, within six (6) months, to pay or comply with a repayment schedule of a judgment obtained against the contractor or a business qualified by the contractor and relating to the practice of contracting.

(6)

Abandonment of a construction project in which the contractor is engaged or under contract as a contractor. A project is considered abandoned after ninety (90) days if the contractor terminates the project without proper notification to the prospective owner and/or without just cause, including the reason for termination, or fails to perform work without just cause for thirty (30) consecutive days. First violation $500.00; Repeat violations $1,000.00.

(7)

Knowing or negligent use of substandard or defective building materials or supplies in any construction project, which is not corrected pursuant to a notice of correction. First violation $500.00; Repeat violations $1,000.00.

(8)

Making any material false statements in an application for a local license. Such statements include: 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 commercial general liability insurance are provided. First violation $500.00; Repeat violations $1,000.00.

(9)

Committing fraud or deceit in the practice of contracting. First violation $500.00; Repeat violations $1,000.00.

(10)

Committing incompetence or misconduct in the practice of contracting. First violation $500.00; Repeat violations $1,000.00.

(11)

Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. First violation $500.00; Repeat violations $1,000.00.

(12)

Proceeding on any job without obtaining applicable local building department permits and inspections. (Excluding emergency situations). First violation; $500.00 Repeat violations $1,000.00.

(13)

Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under F.S. Ch. 713. First violation $500.00; Repeat violations $1,000.00.

(14)

Failing to satisfy, within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession. This section shall not apply when there is a stay ordered by a bankruptcy court. First violation $500.00; Repeat violations $1,000.00.

(15)

Performing any act which assists a person or entity in engaging in the prohibited unlicensed and unregistered practice of contracting, if the registrant knows or reasonably should have known that the person or entity was unlicensed or unregistered. First violation $500.00; Repeat violations $1,000.00.

(16)

Failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board of building examiners. First violation $500.00; Repeat violations $1,000.00.

(17)

Using a subcontractor not authorized for use on building permit. First violation $500.00; Repeat violations $1,000.00.

(18)

Conceal or caused to be concealed, or assist in concealing, from the primary qualifying agent, any material activities or information about the contracting firm. First violation $500.00; Repeat violations $1,000.00.

(19)

Exclude or facilitate the exclusion of any aspect of the contracting firm's financial or other business activities from the primary qualifying agent. First violation $500.00; Repeat violations $1,000.00.

(20)

Expired permits; allowing a building permit to expire without obtaining a final inspection. First violation $250.00; Repeat violations $1,000.00.

(21)

Failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the Board. First violation $250.00; Repeat violations $1,000.00.

(22)

Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under part 1 of Chapter 713 or a notice to contractor under Chapter 255 or part 1 of Chapter 713. First violation $250.00; Repeat violations $1,000.00.

(23)

Knowingly cause any part of the contracting firm's activities, financial or otherwise, to be conducted without the primary qualifying agent's supervision. First violation; $250.00; Repeat violations $1,000.00.

(24)

Knowingly or negligently violating the applicable building or electrical codes or laws of the state or county, which is not corrected pursuant to a notice of correction. First violation $250.00; Repeat violations $1,000.00.

(25)

Operate a business organization engaged in contracting after sixty (60) days following the determination of its only qualifying agent without designating another primary qualifying agent. First violation $500.00; Repeat violations $1,000.00.

(26)

Performing any act which assists a person or entity in engaging in the prohibited unlicensed and unregistered practice of contracting, if the registrant knows or reasonably should have known that the person or entity was unlicensed or unregistered. First violation $500.00; Repeat violations $1,000.00.

(27)

Use or attempt to use a local license or local registration which has been suspended or revoked. First violation $500.00; Repeat violations $1,000.00.

(28)

Willfully or deliberately disregard or violate any municipal or county ordinance relating to unlicensed or unregistered individuals. First violation $500.00; Repeat violations $1,000.00.

(29)

Failure to maintain a valid address of record and contact information on file with Lake County Building Services Division. First violation $500.00; Repeat violations $1,000.00.

(30)

Violation of the provisions of a Stop Work Order. First violation $500.00; Repeat violations $1,000.00.

(31)

Failure to notify the building official in writing of any disciplinary action in any jurisdiction for any license or registration covered by this chapter within thirty (30) days of such action. First violation $500.00; Repeat violations $1,000.00.

(b)

Circumstances which may be considered for the purposes of mitigation or aggravation of penalty shall include, but are not limited to, the following:

(1)

Monetary or other damage to the licensee's customer, in any way associated with the violation, which damage the licensee has not relieved, as of the time the penalty is to be assessed. (This provision shall not be given effect to the extent it would contravene federal bankruptcy law.)

(2)

Actual job-site violations of building codes, or conditions exhibiting gross negligence, incompetence, or misconduct by the licensee, which have not been corrected as of the time the penalty is being assessed.

(3)

The severity of the offense.

(4)

The danger to the public.

(5)

The number or lack of repetitions of offenses.

(6)

The number of complaints filed against the licensee.

(7)

The length of time the licensee has practiced.

(8)

The actual damage, physical or otherwise, to the licensee's customer.

(9)

The effect of the penalty upon the licensee's livelihood.

(10)

That the board has revoked or suspended his local license on prior occasions.

(11)

That the contractor has a good reputation as a builder or tradesman in the community.

(12)

That the consumer refused to assist or cooperate with the board in investigating the complaint, or refused to cooperate with the contractor or allow said contractor to make any corrections.

(13)

That the contractor is willing to correct any violations at no cost to the complaining party.

(14)

Any other mitigating or aggravating circumstances.

Alleged mitigating and aggravating circumstances must be submitted to the building official prior to the hearing whenever possible so they may be evaluated by the building official or designee and challenged by the opposing party.

(c)

If a contractor disciplined under this section is a qualifying agent or financially responsible officer for a business organization and the violation was performed in connection with a construction project undertaken by that business organization, the board may impose an additional fine not to exceed five thousand dollars ($5,000.00) per violation against the business organization or against any partner, officer, director, trustee, or member if such person participated in the violation knew or should have known of the violation and failed to take reasonable corrective action. An individual may be cited only once per violation regardless of his/her position with the business organization.

(d)

Each order issued by the board of building examiners against a locally licensed contractor must include the following:

(1)

A clear statement of the violations charged.

(2)

A clear statement of the factual basis for the charges.

(3)

Evidence that the contractor was given notice of the charges, and of an opportunity to appear and present evidence and testimony regarding the charges.

(4)

Findings of fact made by the disciplinary authority.

(5)

Conclusions of law which demonstrate the facts alleged constitute a violation of F.S. § 489.129(1), or the governing local ordinance.

(6)

A statement of the penalty imposed against the local license, or certificate of competency.

(7)

A recommendation to the construction industry licensing board (CILB) for action to be taken against the state registration.

(8)

A clear statement informing the contractor of the right to appeal the action against the local license, and of the right of the contractor to challenge the recommendation to the CILB.

(e)

The rate of interest payments on all fines imposed under this chapter against any person or business organization which has not paid the imposed fine by the due date established by final order shall be determined by F.S. § 55.03(1).

(f)

If the alleged violator is found guilty of the violation, the violator may be held liable for the reasonable costs of the hearing, at the discretion of the board.

(g)

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. The order may be enforced in the same manner as a court judgment by the sheriffs of this state, including 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 board may authorize the county attorney to foreclose on the lien. No lien created pursuant to this chapter may be foreclosed on property which is homestead under Article X, Section 4 of the Constitution of the State of Florida.

(Ord. No. 2016-04, § 2, 2-2-16)