Ordinance 046 Contractors-Regulation, Certification, Licensing
ORDINANCE # 4~
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AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY,
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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 RBSPECT TO CLASSIFICATION
OF CONTRACTORS AND OTHER MATTERS; PROVIDING FOR THE EXPIRATION, SUSPENSION,
RENEWAL AND REVOCATION OF CEATAIlV OCCUPATIONAL LICENSES AND PRESCRIBING A
PROCEDURE FOA THE ISSUANCE THEREOF; ESTABLISHING THE REQUIREMENTS FOR LICENSE
APPLICANTS AND PROVIDING FOR THE EXAMINATION OF SUCH APPLICANTS; PROVIDING FG~IR
EXEMPTIONS AND REQUIREMENTS WITH RESPECT TO OWNER-BUILDERS OA SOLE OWNERS;
PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT I-TEREWTTH; AND PROVIDING FOR A SAVING .CAUSE
AND FOR OTHER PURP05ES.
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BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, PALM BEACH COUNTY, FLORIDA, as follows:
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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 dDes 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 p2~rtion 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) 9oecialty 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:
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• 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) Buildina 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 aci:s as a sub-building contractor under the super-
vision or responsibility of a general contractor.
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(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 Qr sole ovuner 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 souhsi 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.
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(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 Sale 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) Apply for and secure a permit for such work or construction.
(4) Pay the required fees.
(5) Apply for inspection.
(6) 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 cf 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
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i 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-
for under the applicable ordinances of said Village; the limit-
ations of time
herein
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enance,
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 GL&SSIFICATION-
RIGHTS OF-BOARD OF EXAMINERS TO CLASSIFY:
' The contracting business as contemplated under this ordinance shall
be divided into four different fields:
a) General Contractor
b) 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 far 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
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and for the year 1959 shall become invalid after that date. Commencing June _
1, 1959, each contractor with a valid license may submit to the Board of _
Examiners an application for the ciassification 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 o£ 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
Janaary 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) A11 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
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• 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 re
resentative holds an individu
l license
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any
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ion under building permits already issued-be permitted until the firm shall
qualify another representative. The Contractorst 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
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a certificate of competency validly. dated, issued by the Contractor's Examin-
ing Board. The Certificate of Competency shall be retained by the Tax Collect-
or's Office and renewals of 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. PRI~CEDURE 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 application shall be retained by
the Board, together with all supporting papers.
(b) Should applicant be a firm, 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 beEael~ 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 supervi~ae 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 exarination.
(c) As a prerequisite to having the application considered the appli-
cant shall give all information as required on applicant form, which shall
include:
(1) A statement of applicant's proposed constructing Business;
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(2) The type of license being applied for;
(3) Name, residence, business address of applicant;
(4) If applicant i.s 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
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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 far the ensuing period and has deposited with
the Tax Collector's Office the full license fee 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
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administratiative principles of the contracting business for which applicatt?n
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 ar financial'statement of the
applicant shows that the applicant is financially able to engage_
in the contracting business for which license is requested so
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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
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• 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 Charrman 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
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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.
(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 Councii'~ decision.
• (b) Meetings:
(1) The Board shall hold not less than four regular meetings
each fiscal year.
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(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 retards,
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.
For the purpose of administering this ordinance, the Board
may ca 11 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.
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.
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 fox prosecution for the viola-
tion against the contractor in the Courts in the Village of North Palm Beach,
(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
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• 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:
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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 noti£yinq 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
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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 crass-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.
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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 con~-truction project without the
consent of the owner or his duly authorized representative.
(e) Disregard or violate, in the performance of his
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contracting business, any of the building, safety, health,
insurance, cr Workman's Compensatinn Laws o£ the State of
Florida, in U. S. Government, or Ordinances of the Village
' of North Palm BeacYi.
(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 a.ct 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. GROTJND$ FOR SUSFENSION OR REVOCATION OF LICENSE AN~OR
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 aganGella ion of a policy or policies, of any
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• General Contractor, Building Contractor, Sub-Building Contractor, or _
Specialty Contractor, the license of such contractor shall automatically
be revoked. Licenses may be re-instated by the Tax Collector's Office,
' when the Licensee has furnished certificates of insurance in compliance with
this Section.
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 not exceeding
$500.00 or by imprisonment, for a period not exceeding sixty days, or by both
such fine and imprisonment, in the discretion of the Judge of the Village
Court far 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 i4. REPEALING ORDINANCES IN CONFLICT HEfiEWITH:
' 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.
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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 12th day of MaY 1959.
PASSED AND ADOPTED on second and final reading this 9th day of
June 1959.
(SEAL)
ATTEST:
~ ~.OX7~t.~~~_ . ~llllSv~t~ .
Village Clerk
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Mayor +
Page
• General Contractor, Building Contractor, Sub-Building Contractor, or _
Specialty Contractor, the license of such contractor shall automatically
be revoked. Licenses may be re-instated by the Tax Collector's Office,
' when the Licensee has furnished certificates of insurance in compliance with
this Section.
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 not exceeding
$500.00 or by imprisonment, for a period not exceeding sixty days, or by both
such fine and imprisonment, in the discretion of the Judge of the Village
Court far 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 i4. REPEALING ORDINANCES IN CONFLICT HEfiEWITH:
' 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.
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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 12th day of MaY 1959.
PASSED AND ADOPTED on second and final reading this 9th day of
June 1959.
(SEAL)
ATTEST:
~ ~.OX7~t.~~~_ . ~llllSv~t~ .
Village Clerk
- 16 -
Mayor +