01-28-19 Building Board of Adjustment & Appeals Agenda & PacketS:\Development\BUILDING\Building Board of Adjustments & Appeals\FY 2018-2019\1641 NW 1st Ct\Applicant - Exhibit A\01-28-19 Agenda.doc
A G E N D AA G E N D AA G E N D AA G E N D A
BUILDING BOARD OF ADJUSTMENT AND APPEALSBUILDING BOARD OF ADJUSTMENT AND APPEALSBUILDING BOARD OF ADJUSTMENT AND APPEALSBUILDING BOARD OF ADJUSTMENT AND APPEALS
DATE:DATE:DATE:DATE: Monday, January 28, 2019
TIME:TIME:TIME:TIME: 2222::::00000 P.M.0 P.M.0 P.M.0 P.M.
PLACE:PLACE:PLACE:PLACE: BOYNTON BEACH CITY HALL
COMMISSION CHAMBERSCOMMISSION CHAMBERSCOMMISSION CHAMBERSCOMMISSION CHAMBERS
2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FL 33435
A.A.A.A. CALL TO ORDERCALL TO ORDERCALL TO ORDERCALL TO ORDER –
B.B.B.B. CHAIRPERSONCHAIRPERSONCHAIRPERSONCHAIRPERSON –
CCCC.... ACKNOWLEDGEMENT OF MEMBERS AND VISITORSACKNOWLEDGEMENT OF MEMBERS AND VISITORSACKNOWLEDGEMENT OF MEMBERS AND VISITORSACKNOWLEDGEMENT OF MEMBERS AND VISITORS
DDDD.... NEW BUSINESSNEW BUSINESSNEW BUSINESSNEW BUSINESS Applicant: Jermaine Frazier
Reference: 1641 N.W. 1st Court, Boynton Beach, FL
Explanation: Applicant is appealing a demolition order issued as allowed by
Section 116.4, inclusive, of the City of Boynton Beach
Administrative Amendments to the 6th Edition of the 2017
Florida Building Code. The applicant is requesting a stay of
the demolition order and additional time to conduct the
work stipulated by the Notice of Unsafe Building dated
05/01/2018.
GGGG.... ANNOUNCEMENTSANNOUNCEMENTSANNOUNCEMENTSANNOUNCEMENTS
The Board (Committee) may only conduct public business after a quorum has been established.The Board (Committee) may only conduct public business after a quorum has been established.The Board (Committee) may only conduct public business after a quorum has been established.The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is If no quorum is If no quorum is If no quorum is
established within twenty minutes of the noticed start time of the meeting the City Clerkestablished within twenty minutes of the noticed start time of the meeting the City Clerkestablished within twenty minutes of the noticed start time of the meeting the City Clerkestablished within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the or her designee will so note the or her designee will so note the or her designee will so note the
failure to establish a quorum and the meeting shall be concluded.failure to establish a quorum and the meeting shall be concluded.failure to establish a quorum and the meeting shall be concluded.failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even Board members may not participate further even Board members may not participate further even Board members may not participate further even
when purportedly acting in an informal capacity. when purportedly acting in an informal capacity. when purportedly acting in an informal capacity. when purportedly acting in an informal capacity.
NOTICENOTICENOTICENOTICE
Any person who decides to appeal any decision of the Building Board of Adjustment and Appeals with respect to any matter considered at
this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to
participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact the City Clerk’s office, (561) 742-
6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request.
XC: Members and Alternates of the Building Board of Adjustment & Appeals, Applicant(s), City Manager,
City Attorney, City Clerk, Director of Development & Building Official
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
BUILDING DIVISON
3301 Quantum Boulevard, Suite 101
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6350
FAX: 561-742-6357
www.boynton-beach.org
January 23, 2019
RE: Mr. Jermaine Frazier, 1641 N.W. 1st Court, Boynton Beach, FL, for stay of demotion
order and time to mobilize contractors and Design Professional(s) for the permitting and
repair of said building as stipulated in the 05/01/2018, Unsafe Structure notice. Permit No:
18-3043 is approved and Permit No: 18-2408 is not approved pending Electrical approval.
Dear Board Members:
Attached is the agenda for the January 28, 2019, meeting. The applicant, Mr. Jermaine Frazier,
property owner, is appealing a demolition order based upon Section 116.4, inclusive, of the City
of Boynton Beach Administrative Amendments to the 6th Edition of the 2017 Florida Building
Code, which allows for his right, as property owner in control of an unsafe structure or system, to
appeal the decision of the building official.
Also attached is a copy of the staff report, staff exhibit A, B, C, D copy of the applicants
application, applicants back up.
If you have any questions or need any additional information please contact me in the office at
561.742.6350. Thank you.
Sincerely,
Shane Kittendorf, CBO, CFM
Building Official
sk/fap
Attachment
Xc: Members of Building Board of Adjustment & Appeals
City Commission Members
Lori LaVerriere, City Manager
City Attorney
Judith Pyle, City Clerk
Recording Secretary
Mike Rumpf, Director of Development
Shane Kittendorf, Building Official, CBO, CFM
Jermaine Frazier, 6567 Venetian Drive, Lake Worth, FL 33462 - Via EMail
EXHIBIT A
Application and
Applicant’s Back-up
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EXHIBIT B
Staff Report & Backup
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT | BUILDING DIVISION
3301 Quantum Boulevard • Boynton Beach, FL 33426 • (561) 742-6350 • Fax 742-6357
To: Chair and Members of the Building Board of Adjustments and Appeals
From: Shane Kittendorf, CBO, Building official
Date: January 28, 2019
Address: 1641 NW 1st Ct
Request: Applicant requests an appeal of the Building Officials demolition order based on
Section 116, Unsafe Structures and Equipment of the Boynton Beach
Administrative Amendments to the 6th Edition Florida Building Code.
BACKGROUND SUMMARY
12/22/09, Boynton Beach fire Dept. responded to a structure fire
12/08/17, the property was posted as an unsafe building per Boynton Beach Amendments 116.1
Unsafe Building or Systems, the owner was given 10 days to apply for permits to repair,
rehabilitate or demolish
05/01/18, the property was posted with a Notice of Unsafe Building to repair, rehabilitate or
demolish and certified mail sent to all names and addresses on the Encumbrance Report provided
by the City of Boynton Beach Assistant City Attorney.
05/24/18, the owner met with staff for an extension of time and advised to submit a written request
for an extension of time to apply for permits. The request for an extension was granted until May
11, 2018 as requested.
05/31/18, the contractor applied for permits to repair the building
06/01/18, the plan review was completed and comments sent to the contractor. One business day.
10/10/18, the contractor submitted corrected plans for review. Ninety-four business days
10/15/18, plan review completed and comments sent to contractor. Four business days
11/02/18, the owners were notified to appear before the Construction Board for a stay of
demolition.
11/19/18, Mr. Frazier submitted a written appeal and submitted an application to appeal the
Building Officials Demolition Order to the Construction Board so he can make repairs.
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT | BUILDING DIVISION
3301 Quantum Boulevard • Boynton Beach, FL 33426 • (561) 742-6350 • Fax 742-6357
01/10/19, the contractor submitted corrected plans for review. Fifty-eight business days.
01/11/19, plan review completed, electrical comments not addressed completely. One business
day. DBO contacted the contractor the contractor stated the DOR would call the plan reviewer
concerning the repeated comments.
01/15/19, DBO requested the DOR’s contact information and the plan reviewer contacted the DOR
to discuss the panel schedule comments.
01/16/19, contractor declined the deferred submittal option, as there would be a fee for the revision,
comments sent to contractor.
Mr. Frazier and all Building Board of Adjustments & Appeals members attending the hearing
agreed and notified of the scheduled date of 01/28/19 at 2:00pm
Mr. Frazier is appealing the following code section to the Construction Board:
116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or
plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing
use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All
such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered
by the building official to be abated by the owner, through repair and rehabilitation or by
demolition in accordance with the this Code. The extent of repairs shall be determined by the
building official. When the building official determines that an unsafe building, structure, or
service system cannot be reasonably repaired in accordance with this or the technical codes, it shall
be demolished in accordance with this section.
116.1.3 In case the owner, agent, or person in control cannot be found. Within the stated time
limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with
notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas,
mechanical or plumbing system or portion thereof, the building official, after having ascertained
the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing
system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or
unused. Taking such action does not create a continuing obligation on the part of the building
official to continue with maintaining such building, structure, or system; or create liability for any
damage to the property.
{00261469.1 306-9001821}
CITY OF BOYNTON BEACH
DEVELOPMENT DEPARTMENT | BUILDING DIVISION
3301 Quantum Boulevard • Boynton Beach, FL 33426 • (561) 742-6350 • Fax 742-6357
Criteria:
The owner, Mr. Frazier is appealing the Building Officials demolition order of the 116.1 Unsafe
Building located at 1641 NW 1st Ct. Mr. Frazier is requesting a stay of demolition and time to
mobilize contractors and Design Professional(s) for permitting and the repair of said building.
Recommendations:
The City would request that the Unsafe Building either, be demolished within 10 daysimmediately
by the owner or that the Board issue an Order Staying the Demolition to issue a writ of stay for
demolition to allow the owner an opportunity to repair the property within a strict and agreed upon
timeline to ensure this property is brought back into a safe and HABITABLE CONDITION.
The City would also request if the Board Board does issue an Order Staying the Demolition, that
the Order specifically:
1. Provide that date on which the stay would expire
2. Direct that the City can proceed with the demolition at the expiration of the stay should the
applicant not repair the property AND bring the property back into a safe and habitable condition
as determined by the Building Official
3. That should demolition be required, the issued a writ of stay for demolition. That if the repairs
were not completed in the agreed upon timeline that the writ of stay for demolition be removed
the City would move forward with the demolition of the building shall be at the owners expense.
Attachments:
Exhibit A – Staff Back up
Exhibit B – Pictures
Exhibit C – Sections 113 and 116 of the Boynton Beach Administrative Amendments
EXHIBIT C
Pictures
EXHIBIT D
2017 Boynton Beach
Administrative Amendments
Boynton Beach Amendments 6th Edition 2017 Florida Building Code
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing
systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire
hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a
hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings,
structures or service systems are hereby declared illegal and shall be ordered by the building official to
be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this
Code. The extent of repairs shall be determined by the building official. When the building official
determines that an unsafe building, structure, or service system cannot be reasonably repaired in
accordance with this or the technical codes, it shall be demolished in accordance with this section.
116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or
plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner,
agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a
written notice of violation stating the defects thereof. This notice shall require the owner within a stated
time either to complete specified repairs or improvements, or to demolish and remove the building,
structure, electrical, gas, mechanical or plumbing system or portion thereof.
116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the
record owner(s) of the real property upon which the unsafe building, structure, system is located, the
building official shall post a copy of the notice in a conspicuous place in City Hall, upon the building,
structure or system, and a copy shall be recorded in the public records of Palm Beach County.
116.1.1.2 In addition, a copy of the notice, as outlined in this sub-section, shall be published
simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be
substantially in the following form:
NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT
(Insert Date of Notice)
The owner or other interested parties for the structure located at (address), are hereby notified that the
City of Boynton Beach, Florida will proceed to have the building, structure or system repaired,
demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or
system is not substantially repaired, demolished or removed by that date. All costs incurred by the City
in connection with the repair, demolition or removal will be assessed against the property. If, as a result
of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the
owner, notice is hereby given that work to abate the unsafe condition requires building permits and
inspections for code compliance, and all related fees are required to be paid prior to performing the
work or receiving certification of code compliance. To request an extension of time, the owner should
contact (Contact Person and Phone Number) within ten (10) days of the date of this Notice. Said request
for extension must be made in writing to the building official. An affected owner or duly authorized
agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application
of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized
agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of
this Notice. The fee to cover hearing costs shall be established by ordinance.
116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided
herein, together with a copy of the recorded “Notice of Intent to Demolish or Substantially Repair and
Inspect” at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the
notice requirements of this Section have been met, without regard to whether or not the owner actually
received said notice.
116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical,
plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or
reconnected until the specified repairs and improvements are completed, inspected and approved by
the building official. The building official shall post at each entrance to the building a placard stating:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING
OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is
completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other
servants, to remove the posting without written permission of the building official, or for any person to
enter the building, or use the building or system(s) except for the purpose of making the required
repairs or of demolishing same.
116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if
such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair,
rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing
system or portion thereof, the building official, after having ascertained the cost may take action to
cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be
demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not
create a continuing obligation on the part of the building official to continue with maintaining such
building, structure, or system; or create liability for any damage to the property.
116.1.4 The decision of the building official shall be final in cases of emergency, which, in the opinion of
the building official, involve imminent danger to human life or health, or the property of others. He/she
shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion
thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure
or land on which it stands, or abutting land or structures, with such assistance and at such cost as he
may deem necessary. He/she may order the vacating of adjacent structures and may require the
protection of the public by appropriate fence or such other means as may be necessary, and for this
purpose may close a public or private way.
116.2 Reserved.
116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be
charged to the owner of the premises involved. If charges are not paid within a ten (10) day period
following mailing of the billing notification sent by certified mail, the owner of the premises will be
charged in the following manner:
1. The building official shall assess the entire cost of such vacation, demolition, securing, or removal
against the real property upon which such cost was incurred, which assessment shall include but not be
limited to all administrative costs, postal expenses, and shall constitute a lien upon such property
superior to all others except taxes.
2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the
nature of such lien, the amount thereof and an accurate legal description of the property, including the
street address, which lien shall be effective from the date of filing and recite the names of all persons
notified and interested persons. After three (3) months from the filing of any such lien which remains
unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed.
Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per
annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency.
116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the
right to appeal the decision of the building official, as provided hereinafter, and to appear before the
Building Board of Adjustments and Appeals at a specified time and place to show cause why they should
not comply with said notice.
SECTION 113
BUILDING BOARD OF ADJUSTMENT AND APPEALS
113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment
and Appeals, which shall consist of seven members and two alternates. The applicable governing body
shall appoint the Board.
113.2 Membership and Terms.
113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members.
Such board members shall be composed of individuals with knowledge and experience in the technical
codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical
contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In
addition to the regular members, there should be two alternate members, one member with the
qualifications referenced above and one member at large from the public. A board member shall not
act in a case in which he or she has a personal or financial interest.
113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one-
third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed,
shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which
original appointments are required to be made.
113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack
of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more
than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths
of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this
provision shall not continue to serve on the board and such removal shall create a vacancy.
113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any
provision of this code, the affirmative votes of the majority present, but not less than three affirmative
votes, shall be required. In modifying a decision of the building official, not less than four affirmative
votes, but not less than a majority of the board, shall be required. In the event that regular members are
unable to attend a meeting, the alternate members, if appointed, shall vote.
113.2.4 Secretary of board. The building official or his/her authorized representative shall act as
secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons
for its decision, the vote of each member, the absence of a member, and any failure of a member to
vote.
113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined
in 113.4 of this code, to hear appeals of decisions and interpretations of the building official and
consider variances of the technical codes.
113.4 Appeals.
113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly
authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and
Appeals whenever any one of the following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner of construction proposed to
be followed or materials to be used in the installation or alteration of a building, structure or service
system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any specific case,
which the building official has rejected or refused.
4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued
or incorrectly interpreted.
113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has
been so appealed to and after a hearing, may vary the application of any provision of this code to any
particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be
contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of
the following:
1. That special conditions and circumstances exist which are peculiar to the building, structure or service
system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or inaction of the
applicant.
3. That granting the variance requested will not confer on the applicant any special privilege that is
denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the reasonable use of the
building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and purpose of this code and
will not be detrimental to the public health, safety and general welfare.
113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable
time limit within which the action for which the variance is required shall be commenced or completed
or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with
this code. Violation of the conditions of a variance shall be deemed a violation of this code.
113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the
building official renders the decision. Appeals shall be in a form acceptable to the building official.
113.4.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service
system, which in the opinion of the building official, is unsafe, unsanitary or dangerous, the building
official may, in the order, limit the time for such appeals to a shorter period.
113.5 Procedures of the board
113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not
inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent
to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice
of appeal has been received.
113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process
should be observed and govern the proceedings. Upon determination by the chairman, irrelevant,
immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly
relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether
or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may
be received in written form. The Board may request certain evidence from the petitioner to be provided
by an architect or engineer registered in the State of Florida, in which case, said evidence shall be
signed, sealed, and dated.
113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of,
or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney,
and/or the building official shall be permitted to inquire of any witness before the Board. The Board may
consider testimony presented by the building official, the petitioner, or any other witness.
113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision
without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons
for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the
building official or varies the application of any provision of this code, the building official shall
immediately take action in accordance with such decision. Every decision shall be promptly filed in
writing in the office of the building official and shall be open to public inspection. A certified copy of the
decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in
the office of the building official for two weeks after filing. Every decision of the board shall be final;
subject however to such remedy as any aggrieved party might have at law or in equity.
113.6 Local Construction Regulation Board. The local government may also utilize this Board to
convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The
LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building
permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing,
to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB
represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to
obtain a building permit or permit with specific conditions, if it has proof through the public hearing
process, that a contractor has been found guilty in another county or municipality within the past 12
months, of fraud or a willful building code violation and after providing notice of an opportunity to be
heard to the contractor, finds that such fraud or violation would have been fraud or a violation if
committed in the county or municipality that the LCRB represents. Notification of and information
concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to
deny the permit.