BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

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1 b'.- *r' BEFORE THE BOARD OF COUNTY COMMSSONERS MARTN COUNTY, FLORDA L :< ORDNANCE NUMBER 148., AN ORDNANCE AMENDNG CHAPTER 7 3/4 CODE OF LAWS AND ORDNANCES OF MARTN COUNTY; AMENDNG SECTON 7 3/4-8 PROVDNG LCENSNG ADMNSTRATOR AUTHORTY TO ORDER PERSONS r TO CEASE AND DESST PROHBTED ACTVTY; AMENDNG SECTON 7 3/4-23(a) PROVDNG FOR THE LCENSNG OF ANY PERSON, FRM OR CORPORATON CONTRACTNG CONSTRUCTON WORK N MARTN COUNTY; AMENDNG SECTON 7 3/4-23.(b1 BY DELETNG PROVSON THAT T 1 S UNLAWFUL TO WORK AS A CONTRACTOR UNLESS LCENSED AND ADDNG OF THE COUNTY LCENSED CONTRACTOR; AMENDNG SECTON 7 3/4-23(c) 1. THE SUPERVSON AND CONTROL OF A COUNTY LCENSE OR CERTF- CATE HOLDER; AMENDNG SECTON 7 3/4-23 (6) DELETNG PROVSON,'a REQURNG CONSTRUCTON WORK TO BE N THE CHARGE OF A LCENSE OR CERTFCATE HOLDER AND ADDNG PROVSON MAKNG T UNLAWFUL TO ADVERTSE WTHOUT POSSESSNG A LCENSE; AMENDNG SECTON 7 3/4-26(c) PROVDNG THAT EFFECTVENESS OF A NEWLY SSUED LCENSE SHALL BE SUBJECT TO AN APPEAL MADE PURSUANT TO ARTCLE TWO OF THS CHAPTER; PROVDLNG FOR SEVERABLTY; PROVDNG FOR NCLUSON N THE COUNTY CODE; PROVDNG FOR APPLCABLTY ONLY N THE UNNCORPORATED AREAS OF THE COUNTY; PROVDNG FOR FLNG WTH THE DEPARTMENT OF ENVRONMENTAL REGULATON; PROVDNG. FOR FLNG WTH THE DEPARTMENT OF STATE; STATNG THE STATUTORY PENALTY FOR VOLATON OF THE ORDNANCE; AND PROVDNG FOR AN EFFECTVE DATE.

2 '. -. WHEREAS, the Board of County Commissioners of. i.. Martin County is authorized by Chapter 125, Florida Statutes, to create and amend building codes and business regulations by ordinance, and WHEREAS, this Board has determined that the present regulations concerning the licensing of contractors should - be amended, NOW THEREFORE BE T ORDANED BY THE BOARD OF COUNTY COMMSSONERS OF MARTN COUNTY, FLORDA, THAT: PART ONE: AMENDMENTS TO CHAPTER 7 3/4 (CONSTRUCTON NDUSTRY LCENSNG. The following amendments to chapter 7 3/4 be and hereby are made to the Code of Laws and Ordinances of Martin County, Florida: Section 7 3/4-8: CONSTRUCTON NDUSTRY LCENSNG ADMNS- TRATOR. n order to carry out the intent of this chapter, the board of county commissioners, acting through the county administrator and the CLB, shall employ a construction industry licensing administrator, hereinafter referred to as the licensind administrator, and such assistants as deemed necessary - who shall have an investigative background and administrative capabilities, The CLB shall recommend such other qualifications as it deems necessary. The licensing administrator shall advise the CLB.., on matters of a nonlegal nature and shall make a recommenda? tion or report to the CLB on each matter considered by it. The licensing administrator and designated assis- tants shall have authority to order any person, firm or corporation acting in violation of any provision of this Chapter to cease and desist such activity. Failure by the person, firm or corporation to cease and desist shall be a separate violation of this Cha~ter. Language added to an existing section is printed in underscored type, and language deleted is printed in st~aek-tkreagk type,

3 . Section 7 3/4-23. CONTRACTOR'S LCENSES, (a) Who requires a license. Any person, firm or corporation contracting construction work in Martip County shall be licensed in accordance with the requirements of this Chapter unless exempted. by this Chapter. (b) All construction work to be responsibility of license or certificate holders. Whenever any construction work is beinq done in b art in County, a county licensed con- tractor shall be responsible for the work being done except when such work is being done by, a person, firm or corporation, exempt from the provisions of this Chapter. - -Language-addedto an existing section in printed in underscored type, and language deleted is printed in straek-tk~eagk type.

4 control of license holders. All construction work occuring in Martin County shall be done under the supervision and control of a county licensed contractor or county licensed journeyman.unless the person, firm or corporation doing the construction work is exempt from the provisions of this Chapter. artie3er (d), Unlawful for person required to possess but not possessing current license to advertise. t is unlawful for a person required to possess, but not possessing, a current license, as set forth in this Chapter to advertise to the public in a newspaper, airwave transmission, or telephone directory, or by issuance of a card, or otherwise, that he is a contractor, or is qualified to enqaqe'in business as a contractor. (e) Unlawful for contractor to fall to include license number jn advertising. t is unlawful for a contractor / to fail to include his license number in any advertising to the public in a newspaper, or telephone directory. Section 7 3/4-26. SAME--APPLCATON FOR LCENSES. (a) Any person desiring to contract construction work or work at the business of contracting or the occupation * of contractor in the unincorporated areas of Martin County shall make application for the appropriate class contractor's.license to the CLB on forms provided by the licensing adminis- trator. Such application shall include the applicant's full name, residence address, mailing address if different,telephone 'Language added to an existing section is printed in underscored type, and language deleted is printed in straek-tkreugk type.

5 number, date of birth, social security number, a recent photograph for identification purposes, a full resume of the applicant's contracting experience, formal edircation and business background, complete details concerning sus- pension or revocation of any contractor's license held by the applicant in this or any other jurisdiction, and authori- zation to perform a credit investigation and to verify any and all statements contained in the application. t shall be signed and sworn to by the applicant, and shall be accompanied by a check or money order payable to "Martin Countyn for the appropriate fee. The application shall constitute a public record, shail be appended to the minutes of the CLB and may not be returned to the applicant under any circum- stances. (b) Following receipt 'of the fee and application, the CLB shall investigate the applicant's financial responi e - sibility, credit reputation, education, experience, business reputation, and the business reputation of any business agency on behalf of which the applicant proposes to engage in contracting. (c) AS a prerequisite to issuance of a license the CLB shall require the applicant to submit satisfactory evidence that he has obtained public liability insurance in an amount ~ to be determined by the CLB. Thereupon, tke-eertiggeate- Che-app&&eatien-by-tke- 3SB. the license shall be issued, but its effectiveness shall be subject to any appeal that may be made pursuant to article 1 (Adjustments and ~ppeals) of this Chapter. PART TWO: SEVERABLTY. f any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. f this ordinance or any provision thereof shall - - ~an~ua~e-addedto existing section is printed in underscored type, and language deleted is printed in scraek-bkretlgk type.

6 be held to be inapplicable to any person, property, or cir- cumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART THREE. APPLCABLTY OF ORDNANCE. This ordinance shall be applicable throughout Martin County's jurisdiction except where in conflict with a municipal ordinance to the extent of such conflict. The higher require- ments of this ordinance shall not be'applicable to applications for building permits or contractor's licenses which were filed before the effective date of this ordinance, provided such applications meet all requirements existing on the date of adoption of this- ordinance. PART FOUR. FLNG WTH DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida PART FVE. FLNG WTH DEPARTMENT OF ENVRONMENTAL REGULATON. n order to comply with Section , FLORDA STATUTES, the County Attorney shall send a certified copy of this ordinance to the Bureau of Water Resources Management, Department of ~nbironmental Regulation, 2600 Blair Stone Road, Twin Towers Office Building, Tallahassee, Florida PART SX. FLNG WTH DEPARTMENT OF COMMUNTY AFFARS. The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, 2571 Executive Center Circle, East, aila ah as see, Florida PART SEVEN. EFFECTVE DATE. This ordinance shall take effect upon receipt of official acknowledgment from the Office of Secretary of State that this ordinance has been filed in that,office. PART EGHT. PENALTES. Violation of this ordinance is a misdemeanor pursuant to Section , FLORDA STATUTES, and is punishable under said section by imprisonment for up to sixty (60) days, or a - fine of up to $500.00, or both such imprisonment and fine. -6-,

7 PART NNE. CODFCATON. Provisions of this ordinance shall be incorporated in the County Code and the word "orainancen may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts Two through Nine shall not be codified. DULY PASSED AND ADOPTED THS DAY OF OCTOBER, ATTEST : BOW OF COUNTY COMMSSONERS MARTN COUNTY, FLORDA '1 VJCE CVARMAN APPROVED AS TO FORM AND

8 CEOW;E STATE OF FLORDA THE CAPTOL TALLAHASSEE (804) - Rm- LloRmiYW. GLlxSSm BECRETMVOFSTATE, Director. Div. of Elections.October 30, 1979 Honorable Louise V. saacs Clerk of Circuit Court Martin County Post Office Drawer 779 Stuart, Florida Attention: Charlotte Burke, Deputy Dear Mrs. saacs: Pursuant to the provisions of Section , Florida Statutes this will acknowledge: Receipt of your letter/s of - and certified copy/ies of County Ordinance/s No./s Receipt of Martin County Ordinance/s relative to: (a)#147 E a v r r o 0 1 O ~ d.. which we have numbere Martin County No ,.>, p.. :< (b) / L/J: We have filed this/thase ~rdinanca/s in this off ice PY The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, / -' (Mr.) Nanc Kavanaugh ~h k ef, BUT au of Laws.,"'/

9 Es~ablish~~ri ns thc' Stlcart Timrs..-lpril 18, 1913 STUART, MARTN COUN1'Y. FLORDA. + ST;\''E OF FLORD;\ COUNTY OF hl.\rtln., :, %rlorc.. thc undcrsigncd authority appeared... T.homas..E.,... Webet.,... J.x.,.a who on oath says that hc is... EditQz... of tlw S~uart Srws. J drily t~c\vspaper. yul)lirhcd at Stuart in hiartin County. Flciridr. that the attached copy of advcrtiscmcnt. bciag a... N.Q.T.X.C.E...QF... LTR.N.2:... :... in the matter of... S?.RP.Z.N(A.N.G.E... tt..4.b " " in the Coun, was published in said newspaper in the issues of...,... S.%E?.t,.~ drd Strnt, shm), C ADDNG PROVSON ALL CONSTRUC WORK S THE RSPON- SBLTY OF THE COUNTY LCENSED CONTRAC AMENDNO PROVDNG S C THAT d R ALL CONSTRUCTOM WORK N MARTN aduk TY BE UNDER tno SUPERVSON AND CON- TROL OF A COUNTY LCENSE OR CLR- T FlCATE HOLDER; AMENDNG SECTON m- =(dl DELETNG PROV- SON REQURNG CON- ST RUCTOM WORK TO 66 N THE CHARGE OF A LCENSE OR CER- TFCATE HOLDER AND ADDNG PROVSON MAK- NG T UNLAWFUL TO ADVERTSE WTHOUT POSSESSNG A LCENSe; AMENDNG SECTON..* M(c) PROVDNG..THAT EFFECTVENESS 'Of A NEWLY SSUED LCENSE SHALL BE SUBJECl-TO AN APPEAL MADE.PUR- SUANT TO ARTCLE TWO OF THlS CHAPTER; PR* VlDlNG FOR SEVeRABlLt TY: PROVUNG FOR tn CLUSON N THE COUNW CODE; PROVDNG FOR ' APPLCABLTY ONLY N THE UNNCORPORATED. -2 AREAS OF THE COUNTY; PROVDNG FOR FCiNG ' WlTH THE DEPARTMENT OF ENVtRONMENTAL REGULATON; PRO- VDNG FOR F LlNG WlTH THE DEPARTMENT OF STATE: STATNG THE ' STATUTORY PENALTY FOR VOLATON OF THE ORDNANCE; AND P W ; VlDlNG FOR AN EFCEC-, TlVE DATE. Copln of th. fil ordhneo ' may be obtained from the:' County Attorney's Oftlee,,; Flrst Flow, Martin Caunty - Admlnlstratlve Cenhr, 5U Klndrd Strnt, Port Offm Box 626. Stuart. Flwtda Telephone Numbw Extension 131. THlS NOTCE EX-, ECUTED AN0 DATE0 THS, 13TH DAY OF AUGUST BOARD OF COUNTY COMMSSONERS MARTN COUNTY. FLORDA BY: LAVON BAGWELL...

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