0853 Inter-local Agreement/Constrc. Lic. Violations ORDINANCE NO. 853
• AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA,
AMENDING ORDINANCE NO. 660; PROVIDING FOR INTERLOCAL
AGREEMENT WITH OKEECHOBEE COUNTY, FLORIDA TO COMBINE
AND CO-ORDINATE CERTAIN CONSTRUCTION LICENSING
ENFORCEMENT PROCEDURES AND APPEALS FOR THOSE
CONTRACTORS WHO ELECT TO WORK WITHIN THE CITY OF
OKEECHOBEE; PROVIDING AND ESTABLISHING PROCEDURES FOR
CITY STAFF TO INVESTIGATE AND PRESENT CONSTRUCTION
LICENSING ISSUES OR VIOLATIONS BEFORE THE OKEECHOBEE
COUNTY CONSTRUCTION INDUSTRY LICENSING BOARD; PROVIDING
FOR APPEALS FROM BOARD DECISIONS; AMENDING ORDINANCE
NO. 660 TO THE EXTENT NECESSARY TO PERMIT THE CITY AND
OKEECHOBEE COUNTY TO PARTICIPATE IN THIS PROCESS;
PROVIDING FOR REPEAL, PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 660 to opt out
of inclusion of the City into certain ordinances adopted by Okeechobee County,
Florida concerning the jurisdiction of the county over zoning, planning and
development issues, including building and license permitting, within the
incorporated area of the City of Okeechobee; and
WHEREAS,the City of Okeechobee, Florida operates its own building department, as well
as zoning, planning and development boards, to address these issues within the
City for permitting, inspection, enforcement, and other issues; and
WHEREAS, the City of Okeechobee, Florida, through its codes and land development
regulations, does not possess a code, board, or mechanism within the City to
adequately address enforcement of construction industry contractor licensing
issues, including violations, that may occur within the incorporated area of the City;
and
WHEREAS,Okeechobee County, Florida has a construction industry contractors licensing
board in place to address such licensing issues, and has agreed to participate with
the City of Okeechobee by allowing its board to hear and consider such licensing
enforcement issues, by execution from time to time of an inter-local agreement
concerning same; and
WHEREAS,the use by the City of the County Licensing Board for these issues will provide
protection for its citizens against unlicensed contracting, failure to comply with
building codes, provide a list of contractor references, require insurance coverage
by a contractor, set forth minimum training and experience standards for a
contractor, and provide other valuable services for citizens of the City of
Okeechobee;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1: REPEAL OF CONFLICTING ORDINANCE.
A. By this ordinance, the City of Okeechobee, Florida specifically repeals any
portion of Ordinance No. 660 that purports to opt out, or exempt, the City of
Okeechobee from the application, operation and effect of Article I, Section
1.09.00 contained in County Ordinance No. 92-20, County Land
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Development Regulations, to the incorporated area of the City of
Okeechobee; however this repeal shall only apply to those functions of the
City and County that pertain to construction industry licensing and
• enforcement issues of the City and County.
B. The intent of this repeal is for the City of Okeeechobee to continue to
exclusively provide for the enactment of codes, regulations, procedures,
licensing and permitting matters that pertain to all zoning, building, planning
and development functions within the City of Okeechobee, but to enter into
inter-local agreement with Okeechobee County only for the purpose of
enforcing construction licensing codes or violations before the Okeechobee
County Construction Industry Licensing Board, that may occur or arise from
time to time out of construction activity within the City.
SECTION 2: PROCEDURES.
A. The City of Okeechobee shall provide, through its building department,
department of General Services and Department of Finance, sufficient staff
to receive, process, and issue permits for contractors, builders, handymen,
or others who wish to perform such services within the City; to cause
inspection of the work; to receive complaints from the public, to investigate
violations, including but not limited to unlicensed contracting; exceeding the
scope of a license;failure to comply with applicable codes;failure to possess
insurance; and other matters as in the discretion of the City are necessary
for protection of the public by providing for quality and reliable work by
contractors.
B. The City of Okeechobee shall create and maintain a system of records to
monitor the issuance of such licenses, all inspections, copies of licenses,
reports of complaints from the public, and results of investigations into same,
and at its own expense provide City staff to file any complaint for
enforcement thereon with the Okeechobee County Construction Industry
Licensing Board; and to appear and present such complaint at a duly noticed
meeting of the construction industry licensing board for appropriate action.
C. The procedures and regulations set forth by Okeechobee County for the
manner of operation of the Construction Industry Licensing Board in
Ordinance No. 92-20, and as amended, or such other applicable county
ordinance, shall govern the operation of the Construction Industry Licensing
Board meeting which addresses any complaint filed by, or arising in, the City
of Okeechobee.
D. If the Construction Industry Licensing Board issues an order of violation or
enforcement on a complaint submitted by the City of Okeechobee,the actual
enforcement measures taken to obtain compliance by a contractor or other
violator shall be performed by the City of Okeechobee, whether it be
suspension of license, enforcement through Florida Statues Chapter 162, or
such other means as designated by the City, and a report on such action to
be submitted to the County Construction Industry Licensing Board.
E. In the event a contractor or other person found to be in violation of City
Codes elects to appeal the decision of the Construction Industry Licensing
Board, such action and the procedures therefore shall be according to
applicable County Code in effect at the time, with the City of Okeechobee
named as respondent therein. All appellate procedures, pleadings, briefs or
other necessary documents relevant to such appeal,and the costs therefore,
shall be filed by and through the office of the City Attorney on behalf of the
City. However, as the board rendering such decision is under the auspices
• of the Board of County Commissioners, Okeechobee County would be an
interested party in the appeal, and the office of the County Attorney may
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participate in such appeal as it determines is appropriate and necessary.
F. As each entity to this inter-local agreement addresses these enforcement
issues under their own appointed boards or employees, the City of
Okeechobee and Okeechobee County each shall hold the other harmless
from any claim, action, demand or suit wherein it is claimed a board, agent,
employee of such entity has acted negligently, maliciously, or contrary to
established rule or ordinance in the prosecution, enforcement and appeal of
a complaint before the County Construction Industry Licensing Board,
including indemnification for damages, costs and reasonable attorneys fees
incurred by the non-offending entity .
G. It is specifically agreed and understood that nothing in this agreement shall
be construed or interpreted as a waiver of sovereign immunity under Florida
law by either the City of Okeechobee or Okeechobee County, and such
immunity is retained by each entity as to any claim, demand or suit arising
out of the operation of this agreement by any person or entity.
SECTION 3: SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 4: EFFECTIVE DATE.
This ordinance shall take effect immediately upon its adoption.
INTRODUCED for first reading and set for final public hearing this 6th day of April, 2004.
James E. Kirk, Mayor
•
-ATTEST:
g) (: � nc
Lane Gamiot
PASSED and ADOPTED on second and final public hearing this 20th day of April, 2004.
f2e
James . Kirk, Mayor
ATTEST
Lane Gamiote•:, City Clerk
REVIEWED FOR LEGA SUFFICIENCY:
7-, (-)
John R. Cook, i y Attorney
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