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HomeMy WebLinkAbout2001 10 08 Public Hearings C Second Reading - Ordinance 2001-02 Issuance of Citation for Violations COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular October 8, 2001 Meeting ;v- ;Jbt1 't; , Mgr. / Att. / Dept. REQUEST: The City Manager and City Attorney present to the City Commission for second reading Ordinance No. 2001-02 that would regulate and establish procedures for implementing the issuance of citations for violations of codes, ordinances and applicable Florida Statutes relating to unlicenced contractors and persons failing to obtain a building permit. Also presented for approval is Resolution No. 2001- 43 which would adopt a citation form to implement the citation program adopted by Ordinance 2001-02. PURPOSE: The purpose of this Agenda Item is to amend the Winter Springs Code of Ordinances, Chapter 6, Article XII, Authorizing and Establishing Procedures for Implementing the Issuance of Citations Pursuant to Section 489.127, Florida Statutes, for Unlicenced Contracting and Failure to Obtain a building permit. If Ordinance 2001-02 is adopted, the purpose is also to adopt a citation form to implement the citation program. APPLICABLE LAW AND PUBLIC POLICY: Section 489.127, Florida Statutes, authorizes and establishes procedures for implementing the issuance of citations. The citation form must be adopted by the City Commission by resolution. Page 1 of 2 CONSIDERATIONS: 1. Establishment of an equitable, expeditious, and effective method of enforcing Codes, Ordinances, and applicable Florida Statutes. 2. Provide for issuances of civil citations by Code Enforcement Officers for persons violating the construction contracting provisions of Section 489.127, Florida Statutes. 3. The Building Official has reviewed the Ordinance and citation form and recommends adoption. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission approve Second Reading of Ordinance No. 2001-02 and approve Resolution No. 2001-43. ATTACHMENT: Ordinance No. 2001-02 Resolution No. 2001-43 Section 489.127, Florida Statutes Section 489.132(1), Florida Statutes COMMISSION ACTION: F:\DOCS\City of Winter Springs\Agenda\Unlicenced Contractors Agenda Item 200I-02.kj Page 2 of 2 ORDINANCE NO, 2001-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 6, ARTICLE XII RELATING TO UNLICENCED CONTRACTORS AND CONSTRUCTION WITHOUT A BillLDING PERMIT; AUTHORIZING AND EST ABLISIDNG PROCEDURES FOR IMPLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENCED CONTRACTING AND FAILURE TO OBTAIN A BillLDING PERMIT AS MORE SPECIFIC ALL Y SET FORTH HEREIN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORA TIONINTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Commission of the City of Winter Springs, Florida to establish an equitable, expeditious, and effective method of enforcing Codes, Ordinances and applicable Florida Statutes; and WHEREAS, the City Commission desires to provide for the issuance of civil citations by Code Enforcement Officers for persons violating the construction contracting provisions of Section 489.127, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. The City of Winter Springs Code, Chapter 6, Article XII is hereby created as follows: (underline type indicates additions). City of Winter Springs Ordinance No.200 1-02 ARTICLE XII - CITATIONS: UNLICENCED CONTRACTORS: FAILURE TO OBT AIN BUILDING PERMIT Section 6-270. Intent and Purpose It is the intent and purpose of this Article to authorize the issuance of citations for violations of Sections 489.127 and 489.132(1), Florida Statutes. as may be amended or renumbered from time to time by the Florida Legislature. It is also the intent and purpose of this Article to establish a procedure to implement the issuance of such citations by code enforcement officers. who under this Article shall be the Building Official and those persons designated a code enforcement officer under Section 2-67, Winter Springs Code. Nothing contained in this Article shall prohibit the City from enforcing its codes or ordinances by any other lawful means. Section 6-271. Findings. The City Commission of the City of Winter Springs hereby finds: {ill. The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health, safety, and welfare and ieopardizes the safety of occupants of buildings. ili.l The performance of construction by contractors who are not duly licensed, when a contracting license is required, may pose a danger of significant harm to the public when incompetent or dishonest unlicenced contractors provide unsafe, unstable, or short-lived products or services. City of Winter Springs Ordinance No.2001-02 Page 2 of 8 Section 6-272. Citation Authorized for Construction Contracting Violations. A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489.132(1). Florida Statutes. whenever. based upon personal investigation. the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred. A citation shall be issued in accordance with the rules and procedures established by this Article and Florida Statutes. This Article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. Section 6-273. Citation Form. A citation issued by a code enforcement officer shall be in a form prescribed by the City Commission by resolution. and shall contain at a minimum: ill} The time and date of issuance. .au. The name and address of the person to whom the citation is issued. if} The time and date of the violation. @ A brief description of the violation and the facts constituting reasonable cause. liD. The name of the code enforcement officer ill The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (gl The applicable civil penalty if the person elects not to contest the citation. Section 6-274. Penalty. In addition to any other criminal penalties provided by Section 489.127(2). Florida Statutes. a civil penalty of $500 shall be levied for any violation of this Article. All monies City of Winter Springs Ordinance No.2001-02 Page 3 of 8 collected by the City from citations issued under this Article shall be deposited in the City's general fund and may be expended for any public purpose authorized by the City Commission. A person cited for a violation pursuant to this Article is deemed to be charged with a non-criminal infraction. Each violation is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. Section 6-275. Refusal to Sign Citation. Except in the absence of the person who has committed the violation. a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation. the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible. or mail a copy to the person. if possible. by registered or certified mail. return receipt requested. Following such refusal to sign and accept. the code enforcement officer shall also contact the Winter Springs Police Department to report such violation of this Article and Section 489. 127(5)(m). FLorida Statutes. Section 6-276. Stop Work. Any person who is issued a citation under this Article shall immediately cease the act for which the citation was issued upon receipt of the citation. Section 6-277. Correction of Violation: Payment of Penalty: Notice of Hearing Upon receipt of a citation. the person charged with the violation shall elect either to: ill Correct the violation and pay to the City the civil penalty in the manner indicated City of Winter Springs Ordinance No.2001-02 Page 4 of 8 on the citation or. (b) Within ten (10) days of receipt of the citation. exclusive of weekends and legal holidays. request an administrative hearing before the City's Code Enforcement Board to appeal the issuance of the citation in accordance with the procedures set forth in this Article. Any request for an administrative hearing shall be made and delivered in writing to the City Manager by the time set forth in this subsection. Failure to request an administrative hearing in writing within the ten (10) day time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of said right shall be deemed an admission of the violation. and penalties shall be imposed as set forth on the citation. Section 6-278. Administrative Hearings; Accrual of Penalties. .@} All administrative hearings held pursuant to this Article shall be conducted by the Code Enforcement Board in accordance with the requirements of the Local Government Code Enforcement Boards Act. ili} During the administrative hearing. if the violator demonstrates to the Code Enforcement Board that the violation is invalid or that the violation has been corrected prior to appearing before the Code Enforcement Board. the Code Enforcement Board may dismiss the citation unless the violation is irreparable or irreversible. in which case the Code Enforcement Board may order the violator to pay a civil penalty as set forth in subsection (c) below. ff2 During the administrative hearing. if the Code Enforcement Board finds that a violation exists. the Code Enforcement Board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $1.000 per day for each violation. City of Winter Springs Ordinance No.2001-02 Page 5 of 8 In determining the amount of the penalty. the Code Enforcement Board shall consider the following facts: 1.:. The gravity of the violation. 2.:. Any actions taken by the violation to correct the violation. .1. Any previous violations which were committed by the violator. @ During the administrative hearing. if the Code Enforcement Board finds that the violator had not contested or paid the civil penalty set forth in the citation within the time required in this Article. the Code Enforcement Board shall enter an order ordering the violator to pay the civil penalty set forth on the citation. and a hearing shall not be necessary for the issuance of such order. ~ All civil penalties imposed by the Code Enforcement Board under this Article shall continue to accrue until the violator comes into compliance or until a iudgement is rendered by a court to collect or foreclose on a lien filed under this Article. whichever occurs first. regardless of whether or not the order of the Code Enforcement Board sets forth this accrual requirement. Section 6-279. Appeals of Code Enforcement Board Decisions. Any person aggrieved by a final administrative order of the Code Enforcement Board pursuant to this Article. including the City Commission. may appeal the order to the circuit court in accordance with Section 489.127(5)(1). Florida Statutes. as may be amended or renumbered from time to time by the Florida Legislature. Section 6-280. Recording Code Enforcement Board Orders. A certified copy of an order of the Code Enforcement Board imposing a civil penalty under this Article may be recorded in the public records and thereafter shall constitute a lien City of Winter Springs Ordinance No.2001-02 Page 6 of 8 against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Florida law. Section 6-281. Notices. All notices required by this Article shall be provided to the violator by certified mail. return receipt requested: by hand delivery by a law enforcement officer or code enforcement officer: by leaving the notice at the violator's usual place ofresidence with some person of his or her family above 15 years of age and informing such person of the contents of the notice: or by including a hearing date within the citation. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No.2001-02 Page 7 of 8 adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the ~ day of October O-LUACES APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: ~ Anthony A. Garganese, CitYitrtorney First Reading: June 11, 2001 Second Reading: October 8, 2001 Effective Date: October 8, 2001 F:\DOCS\Aag\ORDINANCES -- FINAL -- CITY OF WINTER SPRINGS\2001-02 unlicensed contractors-1O-3-01.wpd City of Winter Springs Ordinance No.200 1-02 RESOLUTION NO. 2001-43 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING A CITATION FORM IN ACCORDANCE WITH ORDINANCE NO. 2001-02; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 8, 2001, the City Commission adopted Ordinance No. 2001-02 authorizing the issuance of citations for certain violations under Chapter 489, Fla. Stat., generally related to unlicenced contractors; and WHEREAS, in accordance with Ordinance 2001-02 the City Commission desires to adopt a citation form to be used for citing violators of certain provisions of Chapter 489, Fla. Stat. and the applicable Winter Springs Code; and WHEREAS, the City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. Citation Form Adopted. The citation form attached hereto as Exhibit "A" is hereby adopted and approved as the citation form for purposes of issuing citations under Ordinance No. 2001-02, and ~~489.127 and 489.132, Fla. Stat., as amended. Exhibit "A" is hereby fully incorporated herein by this reference. The City Manager is hereby authorized to make minor amendments to the citation form for purposes of printing the citation forms and correcting technical mistakes or inconsistencies on the form. Section 3. Printing Citations. The City Manager is hereby authorized to have the citation form printed by a printing company in booklet form, in a manner deemed appropriate by the City Manager in consultation with the City's Building Official and Code Enforcement Officers. Section 4. Repeal of Prior Inconsistent Resolutions. All prior Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of the conflict. SectionS. Severability. Ifany section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on lbe ~ day of oc tober Q . 2001. . J C. f:\.. . PAUL P. PARTYKA, Mayor' ATTEST: ANDREA L NZO-LUACES, City Clerk F:\DOCS\City of Winter Springs\Resolutions\Resolution-Citation-2001-43. wpd cqNsTRucnON CONTRACTOR CIT A nON I CIT A nON NO.: ISSUING AGENCY: CITY OF WINTER SPRINGS City Code Chpt. 6, Article XII; Fla. Stats. ~489.127 and/or ~489.132(I) The undersiened officer certifies that, upon personal investigation, he/she has reasonable and probable e.rounds to believe, and does believe, that on: Day of the Week: I Month: I Day: I Year: I Time DAM OPM First Name: M.l.: Last Name: Street Address: City: State: Zip Code: Phone No.: I D.O.B.: I Race: I Sex: I Height: Did commit a violation of City Code Chpt. 6, Article XII; and o ~ 489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions or Occupations); and/or o ~ 489.132(1) Florida Statutes. Prohibited acts by unlicenced principals (of Qualified Construction Companies). Facts Constituting Reasonable and Probable Cause: Location of Violation: Penalty: $500.00 for each violation. Each day such violation shall continue shall be deemed to constitute a separate infraction. Signature of Officer: Time of Issuance: DAM DPM Print Name!ritle of Officer: Date of Issuance: / / Issued by: D Certified Mail, Return Receipt Requested D Hand Delivery to Violator D Hand Delivery to Family Member at Residence (15 yrs. or older) Specify Person: NOTICE TO VIOLA TOR This Citation is issued pursuant to Chpt. 6, Article XII, City of Winter Springs Code and Chapter 489, Fla. Stat. Any person who is issued and receives this Citation shall immediately cease and desist the act for which the Citation was issued. Upon receipt of this Citation, the violator shall elect either to: (I) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, pay to the City of Winter Springs the civil penalty stated above. Payment must be made in U.S. Funds and may be made by cash (do not mail cash), check, or money order made payable to the City of Winter Springs Attention: City Manager, at 1126 East State Road 434, Winter Springs, FL 32708. You must include a copy of this Citation with your payment; OR (2) Within ten (10) days of receipt ofthis Citation, not including weekends and legal holidays, request an administrative hearing before the City's Code Enforcement Board to appeal the issuance of this Citation in accordance with the applicable procedures set forth in the Winter Springs Code. All such requests for a hearing shall be made in writing to the Winter Springs City Manager at 1126 East State Road 434, Winter Springs, FL 32708. Failure to request such a hearing in writing within the ten (10) day time period shall constitute a waiver of the violator's right to a hearing and such waiver shall be deemed an admission of the violation and the penalties imposed as set forth in this Citation. If the Code Enforcement Board finds that a violation exists, the Code Enforcement Board may order the violator to pay a civil penalty of not less than the amount set forth on this Citation but no more than $1,000.00 per day for each violation. The above remedies are not exclusive. Any unlicenced person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first offense. Any unlicenced person, having previously been found guilty of violating subsection 489.127(1) commits a FELONY of the third degree upon the SECOND OFFENSE, or upon the FIRST OFFENSE during the existence of a state of emergency declared by the Governor, punishable as provided in ~775.082 or ~775.083, Florida Statutes. Your signature below does not constitute an admission of guilt; however, willful refusal to sign and accept this Citation is a second degree misdemeanor punishable by a fine of$500.00 and/or 60 days injail as provided by ~ 775.082 or ~ 775.083, Fla. Stat. I Signature of Violator: Date: F:\DOCS\Aag\AAG FORMSICitation - Unlicensed ContractorlCitation.wpd EXHIBIT "A" Ch. 489 CONTRACTING 489.127 Prohibitions; penalties.- (1) No person shall: (a) Falsely hold himself or herself or a business organization out as a licensee. certificateholder. or reg- istrant; (b) Falsely impersonate a certificateholder or regis- trant; (c) Present as his or her own the certificate, regis- tration, or certificate of authority of another; (d) Knowingly give false or forged evidence to the board or a member thereof; (e) Use or attempt to use a certificate. registration. or certificate of authority which has been suspended or revoked; (f) Engage in the business or act in the capacity of a contractor or advertise himself or herself or a busi- ness organization as available to engage in the busi- ness or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority; (g) Operate a business organization engaged in contracting after 60 days following the termination of its only qualifying agent without designating another pri- mary qualifying agent. except as provided in ss. 489.119 and 489.1195; (h) Commence or perform work for which a building permit is required pursuant to part VII of chapter 553 without such building permit being in effect; or (i) Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors. For purposes of this subsection, a person or business organization operating on an inactive or suspended certificate, registration, or certificate of authority is not duly certified or registered and is considered unli- censed. An occupational license certificate issued under the authority of chapter 205 is not a license for purposes of this part. (2)(a) Any unlicensed person who violates any of the provisions of subsection (1) commits a misde- meanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. . (b) Any unlicensed person who commits a violation of subsection (1) after having been previously found guilty of such violation commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (c) Any unlicensed person who commits a violation of subsection (1) during the existence of a state of emergency declared by executive order of the Gover- nor commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (d) Any person who operates as a pollutant storage systems contractor, precision tank tester, or intemal pollutant storage tank lining applicator in violation of subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. The remedies set forth in this subsection are not exclu- sive and may be imposed in addition to the remedies set forth in s. 489.129(2). F .5. 2qQQ (3) The department may issue a stop-work order for all unlicensed work on a project upon finding prOba. ble cause to believe that construction work which requires certification or registration is being performed without a current. valid certificate or registration. Stop. work orders may be enforced using any cease and desist or other related action by the department as set forth in s. 455.228. (4)(a) A certified or registered contractor. or Con. tractor authorized by a local construction regulation board to do contracting. may not enter into an agree. ment, oral or written, whereby his or her certification number or registration number is used. or to be used. by a person who is not certified or registered as pro. vided for in this chapter. or used. or to be used. by a business organization that is not duly qualified as pro. vided for in this chapter to engage in the business, or act in the capacity, of a contractor. (b) A ce.rtified or registered contractor. or contractor authorized by a local construction regulation board to do contracting, may not knowingly allow his or her certi. fication number or registration number to be used by a person who is not certified or registered as provided for in this chapter, or used by a business organization that is not qualified as provided for in this chapter to enaaae in the business. or act in the capacity of. a contra-ctor. (c) A certified or registered contractor. or contractor authorized by a local construction regulation board to do contracting. may not apply for or obtain a building permit for construction work unless the certified or reg. istered contractor, or contractor authorized by a locai construction regulation board to do contracting. or busi. ness organization duly qualified by said contractor, has entered into a contract to make improvements to, 0: perform the contracting at, the real property specified in the application or permit. This paragraph does not pr0- hibit a contractor from applying for or obtaining a build- ing permit to allow the contractor to per-orm work fo' another person without compensation or to periol1T work on property that is owned by the contractor. (d)1. A person who violates this subsection com. mits a misdemeanor of the first degree, punishable a: provided in s. 775.082 or s. 775.083. 2. A person who violates this subsection after hal" ing been previously found guilty of such violation COlT'" mits a felony of the third degree, punishable as pre- vided in s. 775.082 or s. 775.083. (5) Each county or municipality may. at its optior designate one or more of its code enforcement officer: as defined in chapter 162. to enforce, as set out in th~ subsection, the provisions of subsection (11 and.; 489.132( 1) against persons who engage in activity Ie which a county or municipal certificate of competen:: or license or state certification or registration ~ required. (a) A code enforcement officer designated purs:' ant to this subsection may issue a citation for any V1~ tion of subsection (1) or s. 489.132( 1) whenever, ba~ upon personal investigation, the code enforcementolt cer has reasonable and probable grounds to belie'/. that such a violation has occurred. (b) A citation issued by a code enforcement oH~~. shall be in a form prescribed by the local gover11l" body of the county or municipality and shall state: 216 F .5. 2000 :....---- CONTRACTING Ch. 489 1. The time and date of issuance. 2. The name and address of the person to whom :he 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. (c) The local governing body of the county or municipalit'! is authorized to enforce codes and ordi- nances against unlicensed contractors under the provi- sions of this subsection and may enact an ordinance establishing procedures for implementing this subsec- tion, including a schedule of penalties to be assessed by the code enforcement officer. The maximum civil penalty which may be levied shall not exceed $500. Moneys collected pursuant to this subsection shall be retained locally, as provided for by local ordinance. and may be set aside in a specific fund to support future enforcement activities against unlicensed contractors. (d) 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 '/iolation and pay the civil penalty in the manner indicated on the citation or, within 10 days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the enforce- ment or licensing board or designated special master to appeal the issuance of the citation by the code enforce- ment officer. 1. Hearings shall be held before an enforcement or licensing board or designated special master as established by s. 162.03(2), and such hearings shall be conducted pursuant to the requirements of ss. 162.07 and 162.08. 2. ;=ailure of a violator to ap~eal the decision of the code enforcement officer within the time periOd set forth in this paragraph shall constitute a waiver of the viola- tor's right to an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation, and penalties may be Imposed accordingly. 3. If the person issued the citation, or his or her designated representative, shows that the citation is malic or tr;:lt the '/ioI2tion has been corrected prior to ~~pear:ng before the enforcement or licensing board or jesignated spec:al master, the enforcement or licens- :ng ooard or designated special master may dismiss the citation unless the violation is irreparable or irre- '/ersible. 4. Each day a willful, knowing violation continues shall constitute a separate oHense under the provisions .)f this subsection. (e) A person cited for a violation pursuant to this >ubsec:ion is deemed to be charged with a noncriminal nfraction (f) If :he enforcement or licensing board or desig- r,atee special master finds that a violation exists. the ~ntcrCf::ment or licenSing board or designated special l1aster may orrJer the ',iolator to pay a civil penalty of not less than the amount set forth on the citation but not more than $1,000 per day for each violation. In deter- mining the amount of the penalty. the enforcement or licensing board or designated special master shall con- sider 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 viola- tor. (g) Upon written notification by the code enforce- ment officer that a violator had not contested the cita- tion 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 enforcement or licensing board or the designated special master shall enter an order ordering the violator to pay the civil penalty set forth on the cita- tion or notice of violation, and a hearing shall not be necessary for tlie issuance of such order. (h) A certified copy of an order imposing a civil pen- alty against an uncertified 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 judg- ment by the sheriffs of this 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 pursu- ant to this par: 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 sub- section, whichever occurs first. After 3 months from the filing of any such lien which remains unpaid, the enforcement board elr licensing board or designated special master may authorize the local governing body's attorney to foreclose on the lien. No lien created pursuant to the provisions cf this part may be fore- closed on real property which is a homestead under s. 4. Art. X of the State Constitution. (i) This subsection does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer other than a function or duty that is authorized in this subsection. OJ An aggrieved party. including the local govern- ing body. may appeal a final administrative order of an enforcement board or licensing board or designated s~ecial master to the CIrcuit court. Such an appeal shall not be a hearing de novo but shall be limited to appel- late review of the record created before the enforce- ment board or licensing board or designated special master. An appeal shall be filed within 30 days of the execution of the order to be appealed. (k) All notices required by this subsection shall be provided to the alleged violator by certified mail, r~turn receipt requested: by hand celivery by the shenff ~r other law enforcement officer or coee enforcement offI- cer: by leaving the notice at the violator's usual place of reSidence with some person of his or her family above 15 years of age and informing such person of the ?on- tents of the notIce; or by inclucing a hearing date Within the citation. 217 (I) For those counties which enact ordinances to implement this subsection and which have local con- struction licensing boards or local government code enforcement boards, the local construction licensing board or local government code enforcement board shall be responsible for the administration of such cita- tion program and training of code enforcement officers. The local governing body of the county shall enter into interlocal agreements with any municipalities in the county so that such municipalities may, by ordinance, resolution, policy, or administrative order, authorize individuals to enforce the provisions of this subsection. Such individuals shall be subject to the requirements of training as specified by the local construction licensing board. (m) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer commits a misdemeanor of the second degree, punish- able as provided in s. 775.082 or s. 775.083. (n) Nothing contained in this subsection shall pro- hibit a county or municipality from enforcing its codes or ordinances by any other means. (0) Nothing in this subsection shall be construed to authorize local jurisdictions to exercise disciplinary authority or procedures established in this subsection against an individual holding a proper valid certificate issued pursuant to this part. (6) Local building departments may collect out- standing fines against registered or certified contrac- tors issued by the Construction Industry Licensing Board and may retain 25 percent of the fines they are able to collect. provided that they transmit 75 percent of the fines they are able to collect to the department according to a procedure to be determined by the department. History.-ss. 13. 17. eh. 79-200: 55. 13. 15. 25. 30. 34. 58.62. eh eG-406: 5. 370. e~. 81-259: 5S 2.3. en. s,.318: 55.30.31. eh. 86-159. 5 1,. eh 57.310: 5S. 13.20.21. eh 88-' 56. s. 3. e". 89-343.5 39. en. 90.228: 5. 38. en 9'.137.5.255. eh. 9'.224. 5. 4. en 9'.429: 5 5. e' 92.55. S 69. en 92.149 5. 16. ce. 93-166: 5 254. en. 94.119. 5. 3. en 9".240.5 a. en 96.298 s 73. er, %-388: 5 1 :25. en. 97-103.5.10. en. 97.228. S 23. en 9El-287. Note.-Suosectlor. (') fermer s. ~e9. 1265. 489.132 Prohibited acts by unlicensed principals: investigation; hearing; penalties.- (1) No uncertified or unregistered person associ. ated with a contracting firm qualified by the licenseE under this chapter shall: (a) Conceal or cause to be concealed. or assist ir. concealing. from the primary qualifying agent, an) material activities or information about the contractin~ firm; (b) Exclude or facilitate the exclusion of any aspeC of the contracting firm's financial or other busineSS activities from the primary qualifying agent; (c) Knowingly cause any part of the contractin~ firm's activities, financial or othervvise, to be conductec without the primary qualifying agent's supervision; or (d) Assist or participate with any certificateholdero' registrant in the violation of any provision of this char ter.