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HomeMy WebLinkAboutOrd 1959-046 Contractors-Regulation, Certification, Licensing• • • • Page ORDINANCE # 46 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR THE REGULATION, CERTIFICATION AND LICENSING OF CON- TRACTORS WITHIN SAID VILLAGE; PROVIDING FOR THE QUAILFICATION OF CONTRACTORS AND SUBCONTRACTORS; PROVIDING FOR THE ESTABLISHMENT OF A CONTRACTORS' EXAM- INING BOARD AND FOR THE FUNCTION AND OPERATION THEREOF; PRESCRIBING THE AUTHORITY AND RIGHTS OF THE BOARD OF EXAMINERS WITH RESPECT TO CLASSIFICATION OF CONTRACTORS AND OTHER MATTERS; PROVIDING FOR THE EXPIRATION, SUSPENSION, RENEWAL AND REVOCATION OF CERTAIN OCCUPATIONAL LICENSES AND PRESCRIBING A PROCEDURE FOR THE ISSUANCE THEREOF; ESTABLISHING THE REQUIREMENTS FOR LICENSE APPLICANTS AND PROVIDING FOR THE EXAMINATION OF SUCH APPLICANTS; PROVIDING 'FOR EXEMPTIONS AND REQUIREMENTS WITH RESPECT TO OWNER -BUILDERS OR SOLE OWNERS; PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR A SAVING. CAUSE AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. DEFINITIONS: (a) Firm: The term "firm" as used in this Ordinance shall include a co -partnership, corporation, association or any other type of organization. (b) Contractor: A contractor is any person or firm who undertakes, or offers to undertake, or purports to have the capacity to undertake or sub- mits a bid or does himself or by or through others, to construct, alter, repair, add to, subtract from, improve, move, wreck, to demolish any building, or other structure, to excavate,to prefabricate any building or portion of a building, commence any project, development or improvement or do any part thereof includ- ing the erection of scaffolding, or any other structures or works in connection with or the incorporation of labor or materials therein or thereon. (c) Engage in business: Engage in business shall mean doing a trade for any owner, tenant, or person or firm in possession or in charge of any land or building or any part thereof. (d) Specialty Contractor: A specialty contractor is a contractor whose operations as such are the performance of construction work requiring special skills and whose principle conctracting business involves the use of specialized building trades and crafts, usually a minor part of a complete structure. Specialty contractors shall be classified as one of the following crafts: Page Awning Boiler installation Cabinet and Millwork Cement and concrete placement and finishing - Demolition Electrical and Plumbing work Elevators Fence Erectors -- Flooring Glazing Gunite and Sandblasting Heating Housemoving Insulation Lawn Maintenance - Landscaping Miscellaneous or Unclassified Masonry Painting Paving Plastering Pool Construction Refrigeration Roofing Sprinkler installation in buildings for fire protection Screen enclosures Signs Sheetmetal Spraying Steel reinforcing and iron Tile, marble and terrazo Termite treating Tree Surgery Ventillation and air conditioning -- Well drilling and sprinkler systems for irrigation Waterproofing - (e) General Contractor: A general Contractor is a contractor as defined in Section (b) above, whose construction work involves the use of two or more unrelated building trades or crafts and has financial means to undertake said work, and has the knowledge gained by ten years' experience as a superintendent for a general contractor or building contractor or as a licensed building contractor for said period or has had an education equivalent thereto, as evidenced by satisfactorily passing a general contractor's examination given by the Village of North Palm Beach and, thus, has shown that his scope of operation should be unlimited as to the height and complexity of design of the construction he undertakes. - (f) Buildino Contractor: A building contractor is a contractor, as defined in Section (b) above, whose construction work involves two or more unrelated building trades or crafts, and has financial means to undertake said work, and has the knowledge gained by not less than five years' experience as a superintendent for a general contractor or a building contractor or has been a licensed Sub -contractor for said period or has shown that he has had the educational equivalent thereto by satisfactorily passing a building con- tractor's examination, given by the Village of North Palm Beach, and, thus, has shown that his scope of operation should be permitted for the construction or alteration of buildings of not more than two stories in height, but this proviso shall not prohibit him from engaging in the construction of a structure of a greater height when he acts as a sub -building contractor under the super- vision or responsibility of a general contractor. - 2 - Page (g) Sub -Building Contractor; A Sub -Building Contractor is a contractor as defined in Section (b) above, whose construction work involves the use of two or more unrelated building trades or crafts and has financial means to undertake said work and has the knowledge gained by three years' experience as a superintendent for a general contractor or a building contractor or has had experience in construction work or an educational equivalent thereto as evidenced by satisfactorily passing a Sub -Contractor's examination given by the Village of North Palm Beach, and thus, has shown that he is qualified to engage in the business of a beginning contractor in the construction work of a simple one-story design with wall bearing loads for construction which does not require more advanced technical knowledge. (h) Owner -Builder or Sole Owner: An owner -builder or sole owner is defined as follows: He or she is a single natural person (not a corporation, partnership, firm or association) who performs and/or supervises work in connection with the construction, repair or alteration of a single-family or duplex residential structure for his or her own private occupancy. However, the application for a building permit for the construction of more than one residence in one year's time shall be construed as engaging in the construction business and, therefore, comes within the operation of this ordinance. Section 2. EVIDENCE OF CONTRACTING: Any person or firm alleging himself or themselves as plaintiff or de- fendant in any court of the State of Florida or advertising in a newspaper or other visual or sound means of advertising or otherwise to be a contractor for work within the municipal limits of the Village of North Palm Beach, shall be subject to the provisions and penalties of this ordinance and a certified copy of the court records showing such allegations or a copy of the newspaper or other advertising making such an assertion, shall be prima facie evidence in the Village Court, Village of North Palm Beach or in any other proceeding authorized by this ordinance, that the person or firm purported to have the capacity to act as a contractor. Section 3. EXEMPTIONS: OWNER BUILDER OR SOLE OWNER REQUIREMENTS: The provisions of this Ordinance do not apply to the following: (a) To an authorized representative of the United States Government, State of Florida, County of Palm Beach, or the Village of North Palm Beach, or any political corporation or sub -division thereof, provided that the operation of a trade is done by its own salaried employees. (b) The owner or tenant of business property, repairing, altering, constructing, adding or otherwise improving his or her own property, providing that the construction or alteration of the building or structure is such as would be permitted to be done by a Sub -Building Contractor as defined in Section 1 above. - 3 - Page (c) Sale or installation of any finished products, materials, or articles of merchandise which are not actually fabricated on the job and which do not become a permanent fixed part of the building or structure. (d) Any person who furnishes materials or supplies without fabricating them into or consuming them in the performance of the work of a contractor. (e) Any person who individually performs labor for another, receiving only the compensation of an hourly wage. (f) Owner -Builders or Sole Owners shall be exempt from filing and obtaining a contractor's license only after complying with the following: (1) File plans and specifications and obtain approval of the Building Official prior to commencement of work. (2) File with the Building Official an affidavit to the effect that he or she is the sole owner of the lot on which construction is to occur, that he or she has read this ordinance, that he or she will supervise and control the work personally and will observe all of the requirements of the building, electrical, plumbing and zoning codes of the Village of North Palm Beach. Such affidavit to be made upon a blank to be supplied by the Building Official, and acknowledged before a Notary Public, or other official duly authorized to take acknowledgments. (3) (4) (5) (6) Apply for and secure a permit for such work or construction. Pay the required fees. Apply for inspection. File with the Building Official certificates showing that Proper provisions have been made to carry the necessary Workman's Compensation, Florida Unemployment Compensation, Public Liability and Property Damage Insurance in the amounts and meeting the same requirements as set forth in the Insurance Requirements of this ordinance. - (7) File with the Building Official, as the job progresses, certificates showing the payment required by the Federal Social Security Act. (8) Assume the responsibility of not employing contractors - other than properly licensed contractors, licensed by the Village of North Palm Beach, for any part or portion of the work. (9) In order to prevent abuses and subterfuges the right of the owner -builder or sole owner, as herein provided, shall be limited to one permit to each owner -builder or sole owner during any 12-month period, this time interval to be figured from the date of the final inspection; and where the sole owner or owner -builder has exercised the privilege of securing this exemption - 4 - Page no second application for such owner -builder permit shall be granted in less than one year figured as set forth above, unless the applicant is qualified as a licensed contrac- tor under the applicable ordinances of said Village; the limit- ations of time, herein contained shall not apply to maintenance, alterations, additions, or repairs to existing structures owned by such owner -builder or sole owner. However, in cases of bona fide need to construct a second residence within such 12-month period, the owner -builder may appeal to the Contractors' Examining Board for relief. The Board, upon presentation of sufficient justification therefor, may extend the owner -builder provilege to construct an additional residence within a specified time interval to be stated by the Board. (10) If the owner -builder or sole owner completes all the work or construction without aid, assistance or help from other persons or sub -contractors then the requirements above (6)-(7) shall not be required of owner -builders or sole owners. Also, the owner -builder or sole owner meeting the above condition shall not be required to obtain a contractor's license. Section 4. CLASSIFICATION OF CONTRACTORS: NECESSITY OF CLASSIFICATION; RIGHTS OF BOARD OF EXAMINERS TO CLASSIFY: The contracting business as contemplated under this ordinance shall be divided into four different fields: fa) General Contractor tb) Building Contractor c Sub -Building Contractor d Specialty Contractor Each having heretofore been defined, and a separate occupational license is hereby required for each of said fields, the annual fee for which shall be provided in the general occupational license ordinance of the Village of North Palm Beach. And further providing that each classification of a specialty contractor shall require a license except that the above proviso shall not prohibit a specialty contractor from taking and executing a contract involving use of two or more crafts or trades if the performance of the work in the craft or trade other than that in which he is licensed is incidental to the performance of work in the craft for which the specialty contractor is licensed. The different classifications of construction business as defined in Section 1 have been determined necessary for the safety of the public by the Village of North Palm Beach as a legislative finding of fact by reason of construction hazards and the technical knowledge of load factors, wind pressures, construction methods, stresses, strains, selection of materials, and knowledge of design requirements involved in each. All occupational licenses and qualification certificates relative to the contracting business issued by the Village of North Palm Beach prior to - 5 - Page and for the year 1959 shall become invalid after that date. Commencing Jure 1, 1959, each contractor with a valid license may submit to the Board of Examiners an application for the classification desired and as described in Section 1, paragraph (a) through (h). The Board of Examiners shall have full authority to request any information necessary to reclassify all contract- ors. The Board of Examiners shall have full authority to qualify contractors in accordance with this ordinance as submitted by their capabilities, education, and years of contracting experience. Section 5. LICENSE AND CERTIFICATE EXPIRATION AND RENEWAL; LICENSE REVOCATION DUE TO LACK OF REPRESENTATION: (a) Commencing in the year 1959, each occupational license shall expire on December 31 of each year, and shall become invalid after that date. Licenses may be renewed during December and unless renewed within ten (10) days thereafter, the holder of such license may, in the discretion of the Contractors' Board of Examiners be required to be re-examined, provided, however, that a licensed contractor may be placed on an inactive status by the purchase of an inactive contractor's certificate. The presentation of an inactive certificate shall entitle the holder to the privileges of obtain- ing a contractor's certificate upon the paying of the fees as mentioned in this ordinance without further re-examination by the Board. The cost of an inactive certificate shall be $5.00 a year, and must be renewed each year, and shall entitle the holder to no privilege except exemption of re-examination upon the resumption of an active status as a general contractor, building contractor, sub -building contractor or specialty contractor. (b) Occupational licenses may be renewed prior to and including January 31 of any year. (c) An applicant for a new occupational license made prior to July 1 shall pay the full annual fee; if made after July 1 shall pay one-half the annual fee. No quarter -year license will be issued. (d) The occupational license shall be non -transferable, between ind- ividuals or firms and on -refundable on cancellation, revocation, or suspension. (e) All occupational licenses shall be displayed at all times in the licensee's main office or chief place of business. (f) All licensees shall report to the Secretary of the Contractor's Board of Examiners within seven days any changes of address of business, or if the licensee be a firm, it shall report to the said secretary changes of officers and their addresses, changes of name, business addresses or any matters affecting the license. (g) Occupational licenses issued to a firm through qualification of the firm's representative shall be suspended, immediately after the quali- fied representative of the firm severs his connection with the firm, or if the firm revokes any of the authority to the representative set out in - 6 Page Section 7 (b) (1), (2), or (3) below. The Secretary of the Contractors' Examining Board shall give notice of the suspension to the Building Official of the Village and shall instruct him not to issue building permits for further construction by the said firm or the qualified representative unless the quali- fied representative holds an individual license, nor shall any further construct - ton under building permits already issuedbepermitted until the firm shall qualify another representative. The Contractors' Examining Board shall, within thirty days, hold a hearing to revoke the occupational license issued to the firm for lack of a qualified representative. Section 6. PROVISIONS FOR ISSUANCE OF OCCUPATIONAL LICENSE: The Tax Collector's Office shall not issue an occupational license under the provisions of this ordinance unless it has received the fee therefor and a certificate ing Board. or's Office of competency The Certificate and renewals of validly dated, issued by the Contractor's Examin- of Competency shall be retained by the Tax Collect - yearly occupational license shall be issued thereon except in case when renewals of the yearly occupational license is not made before July 1, with any penalties assessed following the expiration date of the previous license, in which event a new certificate of competency shall be obtained. Section 7. PROCEDURE IN ACQUIRING LICENSE AND CERTIFICATE: REQUIREMENTS OF APPLICANTS: EXAMINATIONS: (a) Any person or firm desiring to be licensed as a contractor in the Village of North Palm Beach shall make application for type of license on a form prescribed by the Contractors' Examining Board to the Village Tax Collect- or's Office, North Palm Beach, Florida. the Board, together with all supporting (b) Should applicant be a firm, The application shall be retained by papers. the application shall be executed by the president or one legally qualified to fully act and bind said firm and showing his authority to do so on said application and naming an authorized agent on bealf of the firm showing his authority, (1) to fully act and bind the firm in all matters in any manner connected with the contracting business, (2) to supervise the construction under the occupational license issued the firm, and (3) to take the qualifying examination for and in behalf of the said firm. The firm shall be qualified only through the qualifications of the afore- mentioned agent taking the examination. (c) As a prerequisite to having the application considered the appli- cant shall give all information as required on applicant form, which shall include: (I) A statement of applicant's proposed constructing Business; - 7 _ Page (2) The type of license being applied for; (3) Name, residence, business address of applicant; (4) If applicant is a firm, the name and business address of the firm and the name, residence of all directors and officers of the firm and their interests therein, and the name, residence of the applicant's qualified representative and information contained in Section 7 (b) above; (5) A sworn financial statement of the applicant and an agreement authorizing the secretary of the Contractors' Examining Board to obtain from any source dealing with the applicant, even though said business might be deemed confidential, such additional information concerning the applicant's financial condition as he deems necessary; (6) A sworn list of all businesses owned and operated ar managed by the applicant or in which the applicant has had an interest of any kind during the past five years and the address of such businesses; (7) That the fee of $2.5.00 for the examination and qualifications of the applicant has been paid to the Secretary of said Board; (8) That the applicant has applied for Village of North Palm Beach Contractor's License for the ensuing period and the Tax Collector's Office the full license fee has deposited with prescribed for the desired license classification. If the applicant fails the examin- ation or is denied his certification by action of the Contractors' Examining Board, the license fee will be refunded. (9) Three letters of recommendation from reputable business or - professional men, (not related by blood or marriage to the appli- cant) of Palm Beach County, Florida, or the County of applicant's last business venture, vouching for the applicant's reputation as to his honesty, integrity, and good character; (10) A sworn statement, stating under oath that the applicant has not been convicted of a misdemeanor or felony during the past five years, and that he is not presently under a charge of committing a felony or misdemeanor, or setting out the details of the con- viction or charges. (d) The Secretary of said Board shall notify the applicant of the next regular examination and will notify the Contractors' Examining Board of the application prior to its next regular meeting and make such addition- al investigation as may be directed by said Board. (e) The Contractors' Examining Board shall require the verbal or written examination of the applicant to show his degree of experience, his knowledge of building, safety, health, and lien laws of the Village of North Palm Beach, State and Federal laws as may be applicable, and rudimentary - 9 Page _ administratiative principles of the contracting business for which applicator is bing made as the Board may deem necessary for the safety and protection of the public. (f) The Contractors' Examining Board shall not issue a certificate of competency unless, by a majority vote of the Board present, they find as follows: (1) That the applicant, or if applicant is a firm, then the qualified representative, has made a passing grade on the written or verbal examination set out in Section 7 (e) above; (2) That credit report or financialstatement of the applicant shows that the applicant is financially able to engage in the contracting business for which license is requested so that the public will be protected. (3) That the applicant and each member of the firm possesses a reputation for honesty, integrety, good character, has not been convicted of a misdemeanor or a felony in the past five years, and at the time of the application, is not under a charge of committing a misdemeanor or felony. This shall be determined by the Board from information contained in the letters of recommendation submitted by the applicant, and any other statements submitted to or obtained by the Contractors' Examining Board or its investigators. The lack of honesty, integrity, or good character may be established by a finding of the Board as follows: a) A reasonable ground to believe that the applicant has committed an act within three years last past which, if committed or done by a licensed contractor, would be grounds for suspension or revocation of a contractor's license. b) A reasonable ground to believe that the applicant has committed an act within three years last past involving dishonesty, fraud, deceit, or lack of integrity whereby the applicant has been benefitted or whereby some injury has been sustained by another. c) That the applicant has, in the past five years, disputed his obligation to pay bills involving at least five different persons or firms, or incidents. d) That the applicant has been convicted of a misde- meanor or felony during the past five years. e) That the applicant is under a charge for a com- mission or misdemeanor or felony. (4) The Contractors' Examining Board is authorized in lieu of written or oral examination required in Section 7 (e) above in their discretion to accept the certificate from the Examining Board - 10 _ Page of any city having requirements equal and comparable to those set forth in this ordinance, that the applicant has taken and passed satisfactorily an examination before such Board for contracting business for which he is making application to the Village of North Palm Beach or that he has actively, satisfactorily and is currently engaged in the same contracting business in the locality under furisdiction of such foreign Board. (g) The certificate of competency shall be executed by the Chairman or the Vice Chairman if the Chariman is absent from a meeting of the Contra- ctors' Examining Board,, certified by the Secretary, which certification shall be in triplicate, one to be retained by the Board, and two copies to be de- livered to the applicant who shall retain one and deliver the other to the Tax Collector's Office of the Village of North Palm Beach within thirty days, or otherwise the certificate shall be invalid. (h) If any application shall be denied and refused, the application may be renewed at the expiration of six months from the date it was denied; provided, however, that the Board may shorten such period for cause. - Section 8. BOARD OF EXAMINERS - APPOINTMENT= COMPOSITION; TERMS; MEETINGS4 QUALIFICATIONS; VACANCIES; PREFERMENT OF CHARGES AND DISCIPLINARY ACTION: (a) Contractors' Examining Board: (1) There shall be a Board of Examiners consisting of three members appointed by the Village Council. One of the members of said Board shall be appointed for a term of two years; and one of said members for a term of one year. Thereafter, the term of office of each member of said Board shall be three years. One member of the Board shall be a General Contractor; one member an Architect and one member (Secretary) an official of the Building or Engineering Department of the Village of North Palm Beach. (2) Vacancies occurring in the membership of the Board shall be filled by appointment of a member from the same branch as the member whose term has terminated for any reason whatsoever. (3) Each member shall hold office until his successor has been duly appointed and qualified. (4) The Board shall elect its officers for the ensuing year in the month of June of each year. (5) The Village Council may remove any member of the Board for misconduct, incompetency or neglect of duty, provided, however, that any member so removed may request within ten days and shall receive a review of the Village Council's decision. (b) Meetings: (1) The Board shall hold not less than four regular meetings each fiscal year. Page (2) The meetings, regular or special, shall be called by the Chairman of the Board, and in his absence from the Village, or disability, by the Vice Chairman of the Board, at any time. (3) All minutes of Board meetings shall be public records, except those portions of which are of a confidential nature, such as examination papers, credit reports, financial statements, and communications received by the Board in respect to the applicant's qualifications. Such information may be released only by the Secretary or Chairman of the Board and then only to authorized officials having a bona fide reason for knowledge of such facts. (4) Two members of the Board shall constitute a quorum at any meetings, and a majority vote of those present shall be - required to enable the Board to act. (c) A responsible representative from the Building or Engineering Department of the Village of North Palm Beach shall serve as Secretary of the Board, shall keep all records, shall receive examination fees and send the funds through the Village of North Palm Beach Building Department, and shall perform such additional duties as herein set forth. (d) For the purpose of administering this ordinance, the Board may call on the Building or Engineering Department of the Village of North Palm Beach to furnish such employees as may be necessary to carry on or assist the Board in performing its duties. (e) The Board may make such rules and regulations as are consistent with the general policies of this ordinance as it may deem necessary to carry out the provisions of this ordinance. - - - (f) The Contractors' Examining Board shall have the duty of determining the qualifications of applicants for contractor's licenses; to hold hearings, to determine if a license of any contractor shall be suspended for any violation of this ordinance and fix the length of time for such sus- pension or to revoke the same under the provisions of this ordinance, or to request an employee from the Building or Engineering Department and appoint him to investigate any complaints made against the licensed contractor and determine whether it shall take administrative action against the contractor or direct the investigator to file a complaint for prosecution for the viola- tion against the contractor in the Courts in the Village of North Palm Beach, Florida, or both. (g) Procedure Regarding Charges or Complaints: (1) The Secretary of the Contractors' Examining Board may, upon his own motion, or shall, upon a sworn complaint in writing of any person, investigate or cause to be investigated by a special investigator appointed by the Board, the charges against any contractor licensed hereunder, and submit a written report to - 12 - Page the Contractors' Examining Board. Upon the filing of Petition of Bankruptcy, by, or against, a licensed contractor under this ordinance, or should a licensed contractor fail to keep in force the insurance policy required in Section 11 (c) of this ordinance, the Secretary of the Board shall immediately suspend the license a and report the matter to the Contractors' Examining Borad for revo- cation action. (2) The Contractors' Examining Board, upon receipt of the report aforesaid, shall examine the same, and if in the opinion of the majority of the Board, it appears that there is a prima facie showing of a violation of the ordinance, shall take one of the following actions, or both: a) Instruct the Secretary to send by registered mail, a letter to the licensed contractor to his last known address as shown by the Board's records, setting out the name of the complainant, the time of commission of the alleged offense, and the substance of the section of this ordinance alleged to be violated, giving the section number, and notifying the licensed contractor to appear before the Board at a time and place fixed, not sooner than five days from the mailing of the registered letter, to show cause why his license should not be suspended or revoked. b) Instruct the investigator or complainant to file a sworn affidavit for the arrest of the licensed contractor for appearance before the Court of the Village of North Palm Beach, Florida. (3) The administrative hearing provided in Section 8 (g) (2) a) above shall be open to the public. a) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party request- ing the transcript. b) The hearing should be conducted according to established rules relating to the evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of civil actions. The rules of privilege shall be effective to the same extent that they are now, or hereafter may be, recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. c) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine - 13 - Page _ opposing witnesses as to any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination. d) A decision shall be made by the Contractors' Examining Board by a majority vote within five days after the close of the hearing and shall be as follows: 1) Not guilty 2) Suspension of license, stating time. 3) Revocation of license, naming effective date. e) An appeal from the decision of the Board may be made to a court of appropriate jurisdiction. Section 9. REVOCATION OR SUSPENSION OF LICENSE: The occupational license issued by the Village of North Palm Beach to a contractor shall be suspended for a fixed term or revoked by the contra- ctor's Examining Board upon determination by a majority vote of those present after a hearing provided for above, that said contractor as an individual, or the contractor as a firm by its officer or officers, director or directors, or qualified representative has violated any of the provisions of this ordinance. Notice of such suspension will be given to the Tax Collector's Office. Section 10. CONTRACTORS- UNLAWFUL ACTS AND OMISSIONS: It shall be unlawful for any contractor including specialty contrac- tors, as defined by this ordinance operating within the Village of North Palm Beach, licensed individually by the Village, or as a firm contractor, officers, directors, or qualified representative of a firm contractor, to commit any one or more of the following acts or omissions, to -wit: (a) To contract or do any work outside the scope of operations as set out in the definition of the particular type of contractor for which he is licensed, (b) Abandon without_legal excuse construction project or operation engaged in or under contract as a contractor. (c) Divert funds or property received for the execution or completion of a specific construction project or operation or for a specified purpose in the execution or completion of such to any other use whatsoever. (d) To depart from or disregard in any material respect the plans or specifications of a construction project without the consent of the owner or his duly authorized representative. (e) Disregard or violate, in the performance of his - 14 - Page contracting business, any of the building, safety, health, insurance, or Workman's Compensatinn Laws of the State of Florida, in U. S. Government, or Ordinances of the Village of North Palm Beach. (f) Misrepresent any material fact in his application and attendant papers thereto in obtaining a license under this ordinance. (g) Fail to fulfill contractual obligation through in- ability to pay all creditors for material furnished or work or services performed in the operation of his business for which he is licensed hereunder. (h) Aid or abet an unlicensed person to evade the provi- sions of this ordinance or allow license to be used by an un- licensed person or act as an agent, partner or associate of an unlicensed person with the intent to evade the provisions of this ordinance. (i) Do any willful or fraudulent act as a contractor by which another is substantially injured. (j) Negligence, incompetency or misconduct in the practice of contracting within the meaning of this ordinance. Section 11. GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE AND/OR CERTIFICATE: The Contractors' Examining Board shall suspend or revoke a contrac- tor's Occupational License if, after due hearing, it is found that the contractor has: (a) Violated any of the provisions of Section 10 of this ordinance; (b) That the licensed contractor be adjudicated bankrupt; (c) Fails to maintain at all times, in an insurance company authorized to do business in the State of Florida, insurance in accordance with Section 12 of this ordinance. Section 12. INSURANCE REQUIREMENTS: Every contractor or specialty contractor granted a license under the terms of this ordinance, shall be required to maintain at all times, in an insurance company authorized to do business in the State of Florida, Employer's Liability Insurance or Workman's Compensation Insurance, and Public Liability Insurance with minimum limits on each of not less that $50,000 for one person, and $100,000 for more than one person, in any one accident, and Public property Damage Insurance with a minimum limit of not less than $5,000 for any one accident. In the event of ac n cPllation of a policy or policies, of any - 15 - Page General Contractor, Building Contractor, Sub -Building Contractor, or Specialty'Contractor, be revoked. Licenses when the Licensee has this Section. the license of such contractor shall automatically may be re -instated by the Tax Collectorts Office, furnished certificates of insurance in compliance with Section 13. PENALTIES: (a) Any person, firm or corporation presenting or attempting to file or use the license of another, or who shall give false or forged evidence of any kind to the Board, or to any member thereof in obtaining or maintaining a license, or who shall falsely impersonate another or who shall use an es- pired or revoked license, or shall violate any one or more of the provisions of this ordinance, shall upon conviction be punished by a fine no.t $500.00 or by imprisonment, for a period not exceeding sixty days, exceeding or by both such fine and imprisonment, in the discretion of the Judge of the Village Court for each offense. (b) Any person, firm or corporation who shall violate any of the provisions of this ordinance, shall not be issued a building permit by the Village of North Palm Beach, so long as said violation remains unrectified. Section 14. REPEALING ORDINANCES IN CONFLICT HEREWITH: All ordinances or parts of ordinances of the Village of North Palm Beach, in conflict with the provisions of this ordinance are hereby repealed. Section 15. EFFECTIVE DATE: This ordinance shall take effect upon its passage and approval as provided by law. Section 16. SAVING CLAUSE: Should any section or provision of this ordinance or any portion thereof, any paragraph,, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part thereof, other than the part declared to be invalid. PASSED AND ADOPTED of first reading this June 12th day of PASSED AND ADOPTED on second and final reading this 9th , 1959. (SEAL) Village Clerk - 16 - /Mayor May day of 1959.