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2 ORDINANCE NO. 04- Olf ~
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, BY AMENDING SECTION 108 OF THE BOYNTON
6 BEACH ADMINISTRATIVE AMENDMENTS TO THE 2001
7 FLORIDA BUILDING CODE PROVIDING FOR PUBLIC
8 HEARINGS BEFORE THE BUILDING BOARD OF
9 ADJUSTMENT AND APPEALS REGARDING COMPLAINTS
10 AGAINST CONTRACTORS FOR FRAUD OR WILLFUL
11 BUILDING CODE VIOLATIONS; PROVIDING FOR CONFLICTS,
12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
13
14 WHEREAS, staff has recommended that Section 108 of the Boynton Beach
15 Administrative Amendments to the 2001 Florida Building Code be amended to add to the
16 responsibilities ofthe City of Boynton Beach Building Board of Adjustment and Appeals, the
17 power to conduct public hearings on complaints regarding contractors performing work in
18 the City of Boynton Beach, and to provide procedures therefore; and
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20 WHEREAS, while the Florida Department of Business and Professional Regulations
21 ("Department") regulates licensed contractors, the Department prefers that local matters first
22 be addressed by the municipality pursuant to Section 489 .l13( 4 )(b), Florida Statutes; and
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24 WHEREAS, the City Commission has determined that it is in the best interest of the
25 City, its residents, property owners, and visitors to revise the Section 108 regulations which
26 govern the Building Board of Adjustment to provide for additional powers, procedures, and
27 responsibility; and
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29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
30 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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32 Section 1. The foregoing whereas clauses are true and correct and are now ratified
33 and confirmed by the City Commission.
34 Section 2. That Section 108 of the Boynton Beach Administrative Amendments
35 to the 2001 Florida Building Code is hereby amended by deleting the words and figures in
36 struck-through type, as follows:
37
38 108 BUILDING BOARD OF ADJUSTMENT AND APPEALS
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1 108.4 APPEALS
2 ..'
3 108,4,5 COMPLAINTS AGAINST CONTRACTORS
4 (1) The board is the "local construction regulation board,"
5 under the meaning set forth in Section 489 .113(4 )(b ),
6 Florida Statutes.
7 (2) Complaints against contractors performing work in the Citv
8 of Bovnton Beach for violations of Section 105.11 of these
9 Amendments mav be brought to the board bv the Citv
10 Building Official or his or her designee. There is no intent
11 to create a private right or cause of action in this section.
12 (3) Complaints against contractors may be originated by
13 anyone on a form prepared for that purpose by the building
14 department. All complaints shall be investigated by the
15 building official. who upon determination of a violation of
16 Section 105.11 of these Amendments. shall act as follows:
17 (a) The building official shall promptly forward a COpy
18 of his findings and the complaint to the alleged
19 violator and shall provide the alleged violator with
20 a reasonable time to respond to the building official
21 or to correct the violation.
22 (b) The building official shall also promptly forward a
23 COpy of the findings and the complaint to the owner
24 of the site or building where the violation exists and
25 shall explain the nature of the violation and the
26 action taken by the building department.
27 (c) The building official shall also notify the
28 complainant of the findings of any action taken by
29 the building official. If the complainant is not
30 satisfied with the findings or actions of the building
31 official at this time. complainant may request to be
32 placed on the next open agenda ofthe board.
33 (d) If the alleged violation has not been corrected
34 within the time prescribed by the building official.
35 the building official shall present the violation to
36 the board at its next meeting and petition the board
37 for a hearing concerning said violation. Upon
38 approval of said hearing by the Board. the Building
39 Department shall adhere to the requirements of (4)
40 below.
41 (4) Board hearing.
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1 (a) Upon establishment of a hearing date by the board.
2 the department shall notify both the alleged violator
3 and any complainant and request their presence at
4 the hearing.
5 (b) At the hearing. the building official. complainant.
6 and the alleged violator shall be permitted to
7 present evidence concerning the complaint. Upon
8 presentation of all evidence of violation and other
9 information. the board. sitting as an impartial board.
10 shall render a decision as to whether the contractor
11 IS guilty of violating Section 105.11 of these
12 Amendments and impose disciplinary action if
13 warranted.
14 (5) Nothing in this section shall prohibit the board, on its own
15 motion. ITom investigating and holding hearings on any
16 violation provided herein.
17 (6) In imposing discipline. the Board may deny, suspend. or
18 revoke the authority of a contractor to obtain building
19 permits ITom the City Building Department or limit such
20 authority to obtain permits.
21 (7) If discipline has been imposed against the contractor by the
22 Board. the Building Official shall forward information and
23 orders pertaining to the hearing and discipline imposed to
24 the State of Florida Department of Business and
25 Professional Regulation for possible action before the
26 Construction Industry Licensing Board.
27 108.5 PROCEDURES OF THE BOARD
28 ..,
29 108,5,2 DECISIONS, The Building Board of Adjustment and Appeals
30 shall, in every case, reach a decision without unreasonable or unnecessary
31 delay. Each decision of the board shall also include the reasons for the
32 decision. If a decision of the board reverses or modifies a refusal, order, or
33 disallowance of the building official or varies the application of any
34 provision of this code, the building official shall immediately take action
35 in accordance with such decision. Every decision shall be promptly filed
36 in writing in the office of the building official and shall be open to public
37 inspection. A certified copy of the decision shall be sent by mail or
38 otherwise to the appellant and a copy shall be kept publicly posted in the
39 office of the building official for two weeks after filing. Every decision of
40 the board shall be final; subject however to such remedy as any aggrieved
41 party might have at law or in equity. For those cases brought before the
42 Building Board of Adjustment pursuant to Section 108.4.5 above. a COpy
43 of the decision shall be sent by mail or otherwise to the subiect contractor.
44 the complainant, and to the State of Florida Department of Business and
45 Professional Regulations.
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1 Section 3. That ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed, provided that in the event of a conflict with respect to
3 administration of the building codes, existing administrative laws or rules of the City shall
4 contro l.
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6 Section 4. Should any section or provision of this Ordinance or any portion
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7 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
8 affect the remainder of this Ordinance.
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10 , Section 5: Authority is hereby granted to codify said Ordinance.
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12 Section 6: This Ordinance shall become effective immediately upon passage.
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14 FIRST READING this ~ day of NOVc:.mb~r ,2004.
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16 SECOND, FINAL READING and P ASSAGE ~ day of \)c:œm~, 2004.
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18 CITY OF BOYNTON BEACH, FLORIDA
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