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HomeMy WebLinkAboutResolution 2001-43 Citation Form 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 ofthe 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 All prior Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of the conflict.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 the 8th day of October, 2001. PAUL P. PARTYKA, Mayor ATTEST: ANDREA LORENZO-LUACES CITY CLERK F: \DOCS\City of Winter Springs\Resolutions\Resolution-Citation-2001-43. wpd CONSTRUCTION CONTRACTOR CITATION I CITATION NO.: ISSUING AGENCY: CITY OF WINTER SPRINGS City Code Chpt. 6, Article XII; Fla. Stats. ~489.127 and/or ~489.132(1) T e undersigned officer certifies that, upon personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on: Day of the Week: I Month: I Day: I Year: I Time DAM DPM First Name: M.I.: Last Name: Street Address: City: State: Zip Code: Phone No.: I D.O.B.: I Race: I Sex: I Height: h 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 un licenced 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/Title 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 VIOLATOR 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: (1) 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 fmds 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 fme 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\AagIAAG FORMS\Citation - Unlicensed Contractor\Citation.wpd EXHIBIT "A"