§ 6-104. Board hearings.

(a)

Each case shall be presented by the county attorney before the board. All hearings shall be open to the public. All testimony shall be under oath and shall be recorded. 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 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 consistent with this section. Said order shall be binding on all parties, and shall be recorded.

(b)

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.

(c)

Lack of state certification may be established by confirming with the Department of Business and Professional Regulation (DBPR) that the named violator does not hold a state certificate/certification. An affidavit from the building official or designee, that he or she contacted DBPR and confirmed no record of certification exists for the named violator shall be admissible into evidence and sufficient to establish the presumption that the alleged violator is not a state certified contractor. The alleged violator has the right to present evidence to overcome this presumption.

(d)

Lack of a local license may be established by confirming with the building official or designee that the named violator does not hold a local license. An affidavit of the building official or designee that he or she has reviewed the record of the Lake County Building Department and confirmed that no record of local license exists for the alleged violator shall be admissible into evidence and sufficient to establish the presumption that the alleged violator is not a locally licensed contractor. The alleged violator has the right to present evidence to overcome this presumption.

(e)

Upon written notification that a violator had not contested the citation or paid the civil penalty within the time frame allowed on the citation, or if a violation has not been corrected within the time frame set forth on the notice of violation, the board shall enter an order ordering the violator to pay the civil penalty set forth on the citation or notice of violation.

(f)

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, 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.

(g)

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

(h)

A certified copy of an order imposing a civil penalty against an unlicensed or unregistered contractor may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by 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 his state, including a levy against personal property: however, such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the board may authorize the local governing body's attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under Section 4, Article X of the State Constitution.

(i)

The board shall, at its sole discretion, determine whether to file a complaint with the state attorney's office or utilize the citation procedure, depending upon the severity of the violation(s).

(j)

Complaints shall be filed with the state attorney's office in those instances where severe loss has been incurred by a customer or a supplier as a direct result of the actions of the unlicensed individual or firm.

(Ord. No. 2016-04, § 2, 2-2-16)