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351f 'Y.7 11 ' f ""' t, ?4W.iNY1 w`i b.r,. .h..._?-.. ,.. ._ .«. .. -. ? .. .. .. ` •r Y° ... .. .. _ -i - ,:.-` s s f' ', ' 7901, r , AN ORDINANCE; DL"FIIJING, REGULATING AND GOVERNING CONTRACTORS WI'rIiltl Tii THE CITY OF CLEARWATER, FLOR IDA; RE?VIhEING EXAMINATION'.' OF ALL SUCH : .? CON6ACTORS FRESGRIBING. THE TIME ,C`lHI1N SUCH EW&INA`'TONS uIiALL BL COPDUCTED: SPECIFYING AND FIXING THE FEE FOR EXAMINATION: SPECIFYING AND FIXING THE'' AMOUNT OF THE UCCUP<iTIGYAL LICEiiSF; I'F;LS I'Gn SUCII CONTHACTCHS; ChEATING A POAhD OF E]iA4INBhS FOI: C01MACTORS; DEFINING ? THE DUTIES AND POWERS OF THE BOARD; SPECIFYING AND FFtOVIDTNG TIiL' r PENALTIES FOR THE VIOLATION OF THI" ORDINANCE, r - •' ? =- ' ; BE IT ORLAxNID BY THE CITY CGT+II!'I:?SION OF THE CITY OF GLLAH J ?'rEI-t, FLORIDA: ;. DEFINITIONS. ? Section 1;/Hereaftor, every person, firm, co-partnership, Corporation, t' ._, ':`,., .. association or otherorf•anization or any combination of any thereof, .? .:?i,'•i:¢.;1: t'-,j?4?r •-ti`s',.;?`?. .i engaged in or who shall engage in the business and/ . t or capacity of r4' : =.a;0. ? r.•.;;•:' contractor, shall procure and maintain at All times-while so . engaBed city licenses therefor, as is provided . 1 in this ordinance. I' Section l; (b) Every person firm, copartnership, corporation, association or other organization, or any combination of any thereof, who is engaged in the business of accepting orders or contracts on . , l '• r .3 '4t ••.?' cost plus, fired fee, stated sum, percentage or. any combinat3 on thereof, or other compensation other than wages, doing work on or in any building or structure requiring; the use of stone brick mortor;, cement, wood, structural steel or iron, shoat iron, ?. t` . metallic piping, tin, lead of any other building ma -eriol; or to excavate for foundation or any other, purposq;?ordao construct Ef =`, "? docks, drive piling, constr°uc.t bridge,, construct seawalls and bulkheads of an and all r = any decriptions; or who is engaged in the r}' "? F,•6?;• ` . . ' js• <,, business of building, remodeling, repairing, whether it be'py day labor, contract, cost plus fixed. fee suited s }° € •???' , ;ums Percentage ?... ? r4 }?C?i Y ,4\?t '•y9_..r`x)'.. jy ?' '' ' ? ,-e., "t. or an combination there , '•` ?; :.;;:.?:4,'?-., ?•? `?"??'•rr. , Y of, or other compensation other.than ( •;?: ' " ?' ''1?='+33t; ,y ?':?' Ys*? }.`: ?t4a t .. .?i,"' • ?. yak, -. N' ^P?f•3 G'+-ii xt: t'o .Y •' r s:,' 4 xTM '. F-1 wage s, shol.l be deemed to be a contractor wi thin .the meaning of 'this ofY1dina ti •'', .j'?. , :', r•''. ;? _?' `"? '?+? {fit ;c??? 'ia r?•fr?° _?. e -' ?• o': ? ° :.{ r ? F?t? k•4 F;?`:.,, y ?F nc a;' A' 2 ?? s;)fA}?;? { .. .4.? ? '._ ',?:'.?3F?Y .3• '.,,r: i,k i' .1? r' ??:. ` r ?., s711f. '?? J :i: ?.r. `rr?,,'. to •' C: ,`. BOl,RD OF,''EW,1iNL9S. +,3 'J'°`?:"C°I?.r'?S:i .i` i+' s r...??? ,. - i \? ?IlY ?. •,=,i,ry)?€%s-?,'a,. y'1,<?:,?.i J'•so- J.t % .:`? .... ?.y?.. .•It. ', -:•' _ `? ?f.' s .'- .sas' e's 'c'•?! `wr. i`'??It., T:'w ry$'?f:. 31 r ?:. z e - ,-. .`?• - ,.. . ...... .. ..... AMrr?wrj Fw,?awwti???.,,,,,..?,?.., ? ?t`. ? 4g"??s`.}. , ?f ,.. ZY?k ! j -2- Section 2. Within thirty (30) days after this Ordinance becomes effective there shall be appointed by the City Manager, with the approval of the City Council, a board of Examiners of j General Contractors and a Sub- Contractor, consisting of five (5) memPers•who have been residents of the City of Clearwater, Florida, < for at least two (2) years. Two members shall be actively engaged in the construction of buildings as General Contractors, one - ?: member shall be the Building inspector and the remaining members shall be a licensed and registered Architect or Engineer, The '' j•:. ,a,. : members;:Of!Abe Board? shall be appointed for one, two, three, four and five years, respecti:vely, their term of office expiring on the t 30th day of September of said year.,,Thereafter the City Manager in a like manner shall appoint to fill the Izaconcy caused by the expiration of the tern of office, a member for a term of four ,years. If vacancies occur in the Board for any cause, the some shall be fillad by appointment as above. Each member shall bold over after the expiration °' ' t•.. f-' ;' ' of his term until his successor has been appointed and qualified. Any member of the Board may be removed from office by the City Manager. OATH OF OFFICE. Section 3: Each member of the Board shall , before entering upon the discharge of his duties of office, prepare and file with I the City Manager an oath in writing, to properly perform the duties ` of the officey i a member of O yid' Hoard and to uphold the laws of the ?''?: ? •'-. ':.`fly=. 1?;'`,; "??? ', ?s City of Clearwater the Constitution and Laws of the State of ,. '.';?' ':,.' ?•:4. ,, ?::,' _ ' „{ Florida, and the Constitution and Lowe of the United States. f MEETING OF THE BOP.RD OD EXAM11IERS, Section 44 (a) Within fifteen (15) days after this Ordinance becomes .1 trr. Yi e I.. I , effective, the Boards of Examiners shall convene for the purpose of :f;: ".?•a :., organizing 'said Board, promulgating rules and regula Lions, electing ;??.': ",':.:?:'. ;, :?._ k ' officers and such other busimess as may properly come before it and ; . ' a*`-4,ri?.•,, '. `?C e:. ;•,.;: •.':,, ::L'?a; c , thirty d within (30) days after appointment the Board of Examiners shall .?'?, ;.fir .. IR'y: •s.)ST s"t j. de '.,,. hI ; ? < { ' - ?° meet for thv purpose of giving examinations provided for i n this . , : •ss > ? . s t ? • s e f -3» 4 I Ordinance. Thereafter the Board shall meet twice each year, omce during the period from March 15th to 3lst, and once during the period from a tions and September 15th to 30th, for the purpose of making examin - a tronsacting such other business as may properly come before tt. Special meetings may be called by the B?Lilding Inspector if approved by the City Manager, on the first Tuesday of any month for the ' purpose; of giving examinations or for any other purpose within the purview of this ordinance, and provided further, that the Chairman f B l ' :. .' are hereby empowered to ca the oard l or the Secretary-Treasure o meetings to consider any Violetionr:of this Ordinance as provided for in ` Section 7 hereof. All officers elected by said board shall hold . 1 office for one year,provided the first officer elected under this „•. Ordinance shall serve until the September meeting and from that date on, officers shall be elected fox a period of one year.-Elective officers shall consist of a chairman and a Vice- Chairman and the "'',, .'• Building Inspector shall act as Secretary-- Treasure. (b) The Board shall have the power to make such by. laws, rules and regulations governing its body, as it may deem ( necessary. providing same. do not conflict with the Laws of the City of Clearwater andr? the State of Florida, and have the approval of the City Manager. t (c) Three members- shall constitute a ' iluortun. S OF TUE SFCIii,'1'Af3Y-- TREASURER, DuTI % Section 54 The Secretary- Treasurer shall keep a record of all the proceedings of the Board, together with the necessary registers showing all applicati.ona for examinations find license, "``• showing thereon for such the date of application, name, qua?ifications, place of business, place of residence and whether 'the application " was grunted or refused, lie shall. receive all monies derived from the operation of this ordinance, excepting however the collection of occuational license fees as provided ` In Section. 2.0. and deposits ? ; ; ? some with the City Clerk The books and registers of this Board shall . ,;,_. •• ;<,.q F''>'?5.., .r? ';,.. be prima facie evidence of all matters recorded therein. The Treaaurer shall prepare a roAexo+ of all licensed' . sears .cry-? . contractors "after the March and September meetings, and after";any i { E' 4€ p•' "fit '? ''?(, •r? i ''`?? •},? E. _3i 793 special meeting and file some with the City Clorke A copylshall be kept in the Building Department accenanle tb the public at all times; It It shall be the duty of the Secretary- Treasurer to promptly, notify these officers in the event of a revocation or the rep-issuing of a license# LICENSES* section 6,r (a o Hereafter, everyone desiring to be licensed as a { General. Contractor or Sub- Contractor in the City of Clearwater shall make application to the Boards of Examiners by filling in the printed forms which may be obtained from the Building, Inspector's Office, anti depositing with such appli'cation? the sum i .l of (,$5.00) Dollars for an examination fee. Any person taking the examination for a firm, co-partnership, corporation, association, or other organization, or any combination of any thereof, must be an active member of, or a legally authorized agent thereof, and he or she cannot qualify to take an examination' for himself,' herself or for any other firm, corporation, cp-partnership, association or other organization, or any combination thereof, while this license ::. .:` :, "• ' ?a.:`a'':; remains unexpired or uncancelled; provided, however, that if the person passing the examination shall at any time sever his or her connection, for any reason, with the Contractor to whom license was issued` on his or her examination, it shall be the duty of both him or her and the Contract6i3-to whom license was iasuod to give written,notice immediately to the Board of Examiners. and at the some time surrender the license for cancellation. The Contractor to whom license waa issued may, at the time of surrendering License, delegate soma other active member ox legally authorized agents -to qualify for examination fob them without the payment of ;:•°;; ..:_+.'-r',<. .•:`, any additional examination fee or occupational license fee for the remainder` of thr fiscal year. -y.., .:,,;;.?: . ?,?:: •i-%:. . `?' 'After co (b) .After with the provisions regarding applicants set forth in Sect :• .?.`;':;. ??"-..?,°,`; °.: ? ion 6 W o , the applicant shall be entitled-to an exar?tin otiba to d©terri:ne his or hey ual ification. P Y kTY?;iN r ~:i f'S, y.: sd'•:?;;-'if•:`?; !?.'?'"? ?;' ; ski j!????`?` +y' ?°; ?' f'k 13 .j y ' , 1 a 41 M S ` E . i ,- ?. .. - I - ' " ' i , fir' ? t' .f7. ` • ".. ?.. ' ,. .: ,, I '' 4 ':fat •1? ? -,f 19 4 (c) ID-the result of tha examination is satisfactory the Board shall issue a certificate to' the City Manager of the City of Clearwater who shall then issue a license to the applicant upon the payment of such occupational license fee as is hereinafter stipulated in Section 10. (d) Any person failing to" pass the examination may be re-examined at the next regular meeting of the Board, or at such'. ! _. special meeting called for the purpose of giving exsninations, without additional examination fee. .?f; (e) All license issued under the provisions of this 'Act'.;< shall expire on the 30th day of September of each "year following{ their issurande, Any licensee may renew his or her license certifi.- " cote within thirty days from thr date of expiration without f 4 examination by paying the pr3e,scribed amount due for occupational ,;- license tax as prescribed in Section 10„ (f)' Lleensea may be transferred, subject to,the ? E' `?• ,tf' examination provisions of sub- section (a) of this section when ; ='_•" ' : ' .>;,'''f',>f; . there Is a bons-fide sale and transfer of the property used and" " ? ?' .'.. •' ? " <? ` ' employed In the butitnesalas stock in trade, provided such transfer shall be mad9 within ten drays after asid, sale hoe taken place. - ' (g) Cb ange of name under which a license has been issued must have the approval of the Board of 'Examiners. (h) A copy to replace any license certificate lost {y t S:• ,; destroyed or mutilated, may be issued by the Board. (i) The filing of/petition J.n voluntary bankvu.ptcy by any contractor holding license under the terms of this Ordinance `. `'- :t 7F'',::'• a shhll automatl'cally revoke such license pending a decision of. the Board as provided for under Section 7 of the Ordinance f POWER OF BOARD OF EW1111JERS, Section 7; The Boardi shall have the.,powe; in addition, to ell other powera•. provided for in this Ordinance P to revoke' the license of any Oontractor • licensed hereund " er•xho shall be guilty of c,nyl one or more of the i'o :..:XE flowing -acts or omissions,, to-wit `- er ? F C"L .h}°: .y: .x;3'.;1 %•: d;," s ???,r', ,..: ?„ • ry{ ern S k". . -.1 ? t . ??.: 5 c a, .i. t k X59-,. "?. r; •a;},,??? ?,, ?.. E'' 1 ? ? ? ?. ;1y:'?. u• ' E f'ry. }5-".. fit,-": .}AV;.. y.#•i ?s.,t?! !! rl."Ir YIIF111C?IIV I? ?:'+. `??•. x,13° ' ? .. ?• . -. , .• . / ?.,: ,f - i ,. I ` `Y f ° • f -5- 795 ' (a) Fraud or deceit in obtaining license. (li')Ileglienoe, incompetency or misconduct in the practice of contracting within the rrleaning of this Ordinance, (c) Abandonment of any contract without legal excuse. (d) Diversion of property or funds reeeivedrunder express agreement, for prosecution or completion of a specific contract under this Ordinance, or.for a specified purpose in the prosecution r or ccmpletion of any contract, and their application or use for any other contract, obligation, or purpose with intent to defroudl or deceive creditors or the owners. `, . °a };:', •' (e) Fraudulent departure from, or disregard of plans or "`?` ; ?•', ' ` specifications in any material, respect, without consent of the owner or his duly authorized representative; or the doing of any wilful, ..'`r fraudulent act by the licenses as a Contractor in consequence of which another is substantially i:njureda (f) Vilful and deliberate disregard and violation of the . .; . Euild3nfi Code of the City of Clearwater and or of the State Hotel ,§ ;. :?'• -.`i Commission. Ak- l Any person directly interested; the hihilding, Plumbing or Electrical Inspector of the Catty of Clearwater; the Architect or •.. .r: ,, ., Engineer who is responsible for the plsnsr:under which the contractor is working; may prefer charges against a licensee under this Ordinance. Such Charges must be made in writing and sworn to by the complainant and submitted to the Board. It shall then be the duty of the Board:F st the earliest possible date and not later than :30 days therenft:er to investigate the charges and render their decision without delay. A copy of !his charges, together with the time and place of hearing, shall be legally served on the accused at least '.. ,'e. !•'_.! 'Fr,Y: '1`.•'t•' , ' ,.!, . five (5) days before the date fixed for the hearing. At the hearing , i• -the accused shall. have the right, to appear personally and by 6ounael and cross-,examine' witnesflen against }lim her oz- them and to produce %f ::•v)-'.°.},: a '?• witibsees and evidence i.n.his,her or their defense. iF ' If after the hearing the Board's decision be that-the Ai ?io+eneee has been guilty of 'the 'charges preferred against him, her A s or t;hemo the board shall suspend or cancel the Contractor's license. 'Ibe Board hay re-lssue a license to any Contractor'whose license has been revoked, provided t1irQE or more members of tie Board vote in favor of such re-issuonee, for reasons the Board may deem sufficient. Prompt notice shall be given the City Manager and the City Clerk of the City of Clearwater, in the case of revoention or the re-issueing of the licenses LICENSES AS ISSUED, Section Be The issuance of a license undex' thin ordinance shall be evidence that the person, fi.rm, corporntion, co-apartnership . ' 4 association or other orgnnizotion, or any combination of any thereof, are entitled to all the rights and privileges of a Contractor in division for which the license its issued, and while the license remtins unrevoked or un.expired. . ' , EMI PTIONS a ` .' Section 9. This Ordinance shall not apply: (a) To an authorized representative or representatives of the United Stated of America, or they State of Florida„ County of Pinellas or municipality doing work or conmtruction ih their official capaci•tya (b) Insofar es.:to examination only for license to erect remodel and repair buildings, as defined by the Building Code of the City of Clearwater, to anyr person, firm, co-partnership,, cor- '° ° . t poration, association or other organization or aby combination thereof, hsvir?ga;a license to engage in the business and/ or practice ':• ..;::`'' ' ':°'` ';;4 ` ` of contracting within the meaning of, this Ordinance, in the City of Clearwater for three (3) months imm6distely prior to the passage of thin Ordinance, provided such license is renewed as get forth in Section 69 `' t O ?: ??, ?.:?_r:?:? •"• i - ,,{{' 'yy ' r- ` •tr c) wners or :heir . duly authorized agents or lessees ? : ,,? .. I building structures or making repairs thereon in compliance with section 11 of this Ordinance. OCCUPATIONAL'tICEITSE FEES„. e S 1 -ha 7? ; r . ?4 4 s • .r s: ' Y Sp. ?5?' .il• 9 'S4 5 ^'iji 1-1. 1W 797 ^7- s i i l I •. r Section 100 Upon" preuentatibh,:of a Mlltifitate from the Botird of Examinees, the City hlannger of the City of Clearwater shall furnish the Contractor with a City license upon the payment of the occupational license foe for the class or clesses in which said contractor is classified; the fixed fee of licenses shall be as follows, to-wit General Contractor.....................,................. 25.00 Sub-Contractor .............................. .. 09666.90. 15.00 and no person, partnership, firm ov corporation shall engage in the business of contracting without first procuring from the City Manager of the City of Clearwater a certificate e1r3.rdencdng. the payment of the occupational, fees prescribed in this sections PER ZITS e . Section 11q (a) Before the prosecution of any work- or construction where the cost of said work ox? construction exceeds $100'000 , a permit shall be procured'' front the Building Inspector. (b) Permita for work exceeding 8plp500.00 cost shall be issued by the Building Inspector to no one except a duly licensed"' contractor, or licensed ovmer/or lessee under the provi'siona of this Ordinance. ( or his duly authorized agent) APPEAL Section 12. Any person who may feel aggrieved by reason of any decision,, action, order or judgment of the board of Exeminersd nay appeal to the City Commission of the City of Clearwater, Florida, As such appeals:rshall b6:?nt1'wr.itiDAL;nnd1'muht -y be taken within ton days after the risking or entry of the decision, action., order or judgment complained'of an filed with the City Auditor and Clerk. Such appeals shall set forth the grounds of the appeal and must be signed by such aggrieved person or his duly authorized agent. S i ' p 11 ?1 •'t'.1-F . `i •??f ?' t';sue '';S , .jF tel. ;;. °y' .} 14 S F 7 W q". ?- 1 Ye •'?-? ??t? .'}Y,,. `. ? ? u'?`•H.1*Ya.?=r?ir.•!',ilC'. ^IA«.=. a:.'t't' i PENALTIES . 3 0. .i' •98 j_ Section 13. Any person or persona, and the members of any firm, F co-partnership., corporotion, asaacietion or other organization, or f• any combination thereof, presenting or attemping to file or use the license of another or who shall give false or forged evidence of any: kind to the Hoard, or to any member :hereof, in obtaining or } msintaining a license, or who shall falsely impersonate another, or who-shall use sn exp3,red or revoked license, or shall violate any one or more of the provisions of any section of the Ordinance, d shall upon conviction to punished by a fine nat exceeding $300.00 or by imprisonment for a period ndt exceeding 60 days, or by both ';. ; •',;' :'!':'' such fine and ompril3onmdnt, in the discretion of the court, for r. each offense,' t if Section 14. Validity. of Ordinance, if any section, sub- section, sentence,,clause or phrase of this Ordinance is for any reason held ' -to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. Section 15. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed„ Passed and adopted by the City Commission of the City of Clearwater Florida this the :13th r3ay of May, A. D. 1935. .?? .. Mayor-Commissioner Attest: ! A?,^ ? stria°; s?`.•€'?, :.r°V,' ' City Auditor Clerk