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4183 AN ORDINANCE DE INING,, REUULATING AND GOVT+.t{NING PAINTING CON* TRACTORS WITHIN THE CI'T'Y Ole GLLARYlAT%R, FLORIDA*. REQUIRING F7CA14* INATION Cr, ALL SUCH PAINTING CONTRACTORS: PRESCRIBING THE TIME WHEN SUCH EXA14INATION SHALL BE CWDUCTF/D: SPECIIf'YING AND FIXING t THE FEE FOR EXAMINATION: SPECIFYING AND FIXING THE A140UNT OF' THE OCCUPATIONAL LICENSE FEES FOR SUCH PAINTING CONTRACTORS: CREATING A BOARD OV EXAMINERS FCR PAINTING CONTRACTORS: DEFINING ' THE DUTIES AND PGRERS (Y TEE BOARD: SPECIFYING AND PROVIDING PLNALTTUq F01-I TAI: VIOLATION rV THIS nUnTNANCI.' y 4 is A•4 ..'?„tiSr`'•?'4 ,V;,IS?` •) - i , J • BE IT ORDAINED BY THE CITY COMMIS6ION QL TIE CITY OF CLEARWATER, FLORIDA: DEFINITIONS. SECTION 1. (a) Hereafter, every person, firm, co-partnership, corporation, association or other organization or any combination of any thereof, engaged in or who shall engage in the business and/or capacity of painting contractors, shall procure and maintain nt all times while so engaged, city licenses therefor., as is provided in this Ordinance. SECTION l.. (b) Every person, firm, co-partnership, corporation, association or other organization, or any combination of any thereof, who is engaged in the business of accepting orliers or contracts on coat plus, fixed fee, stated sum, percentage or any combination thereof, or other compensation other than wagers doing painting, waxing, paper-hanging or any other similar work on or in any building or structure requiring the use of paint, of every kind and mixture, varnish, floor-wax, wall paper and other in- side or outside preservatives or coverings, paint brushes and materials necessary for preparing surfaces for application of all such materials, ladders, drop-cloths and other materials, and the ' cgUip:uent commonly used in the trade of painting contractor; or who is engaged in the painting contracting business, as outlined above, whether it be contract, coat plus, fixed fee, I ttaied sum, percentage or any combination thereof, or other compensation other than wages, wharein materials or equipment " as set forth:above'are furnished,, shall be.+.deemed to be . -gym s { r ? a. M1 ? r .'' 'tiff ?s t. ?? painting contractros within iho meaning of this Ordinance. I j BOARD OF EXAMINERS. SECTION 2. Within thirty; (30) days after this Ordinance .7 becomes effective, there shall be appointed by the City Manager with the approval of the City Coriuiiission, a Board of ExarninorY for painting contractors, which said Board shall consist of five members, w1po have .ouch boon residents of the city of Clearwater, ;a Florida, for at least tvro years. Three: members shall be actively engaged in the painting contracting business, one member shall be d a licensed and registered Architect or l'?ngineor, and the remaining members shall be the regularly appointed and acting City Building Inspector. The members of the Board, other than the City Building Inspector shall be appointed for one, two, three and four years .,'•^ ;. ,. respectively, their terms of office expiring on the 30th day of „ j.- September of said years. Thereafter,, the City Marnber in a like manner shall appoint to fill the vacancy caused by the expiration ,'.,S_ T f :...;'_":;;';::.,.:•'` =;''. 4; of the term of office, a member for, a term of four years. If vacancies occur in the Board for any cause, the swe shall be filled by appointment as above. Each member shall hold over after the expiration of hi .s term until his successor has been appointed me qualified. Any errzbor of the Board may be removed from office i by the City Manager for good cause shown. .?. OATH CF Or'FI:C)%. • SECTION 3. each merriber of the Board shall, brwfore entering L: '?_•. upon the duties of office, prepare and file with the City Manager an oath in writing, to properly and diligently perform the duties of office as a member of said Board, and to uphold the laws of the City of Clearwater, the Constitution and Laws of the State of Florida, and the Constitution and Laws of the United States.. ME0IN{'r Of+''ilJ BOARD OP, EXAMINERS. SECTION 4. (a Wi n ,: ..tr' y. ,. 3::.°'; ;„'• ) thi g fifteen (15) days after this Ordinance becomes' effective the Board of Examiners shall convene .for the its<• R;' r=f'.:.: '.:; :.`- purpose of 'organizing said Board '--'`? '''.?:• .?;° :; , ProraulBatinB rules and regulations electing officers and such other business as may properly come ? ?yy*+'a'Y?•:.:F.:r??5}t°'.jLf{v: #?`Vi.f.', L???,VP .•• ,i before it, and' within thirty (30) days' after appointment, the r r' ? e '" ?;'r`• Board of Examiners shall..meet for the purpose of oxamin-? ations. provided for in this Ordinance. Thereafter the Board' 5 ?? .7•! .i?F Iii' ? .'', y`p? ' .'SS .j' .'tom •-FS},^e ?". .;,'. ? i I (Y + `.:.?°{fie ' ;6 .,: ' •: r `f' • .{ . .. 1. .fir . shall-meet twice each year, once during the period from March 15th,to 31st, and once during the period from September 15th to 3 30th, for the purpose of making examinations and transacting such other bysinens as may properly come before it. Special. " Meetings may bo called by the Building Inspector or upon the : written request of three members of said Board, 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 or the Secretary-Troasurer of the Board, aro hereby empowered to call meetings to consider any vi0- "{„'`;x'r.?-,e• ?; e•:tip..=. .. 'r?•;2',,.+- t ? lation of thib Ordinance an provided for in Section 7 hereof . All officers elected by said Board shall hold office for one-year, provided the first officers elected under this Ordinance shall serve until the September meeting and from that date on, officers shall be elected for a period of one year. Llective officers shall consist of a Chairman and a Vice-Chairman, and the Building Inspector shall at all times, act as Sectetary-Treasurer. (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 and the State of Florida. (c) Three members of said Board shall constitute a quorum. DUTIES OF THE SECRETARY-TREASURER. SECTION 5. The Secretary-Treasurer shall keep a record of all the proceedings of the Board, together with the necessary registers showing thereon for each the date of application, name, quali- fications, place of business, place of residence and whether the application was granted or refused. He shall receive all monies derived from the operation of this Ordinance, excepting however, the collection of occupational license fees as provided for in Section 10; and deposit same with the City Clerk, The books , and registers of this Board shall be prima facie evidence of all matters recorded therein. The Secretary-Treasurer shall prepare a roster of all licensed painting contractors after the March and September ueetings,.and after any special meeting and file same with the City Clerk. A copy shell be kept in the Building { i il' ' tear, t' :.li,, ?'?'ix.!•r•. i..: si .. ',? .. .. ., -..fie\., 910 ..?. - Tnspoators' office, accessible to the public at all times. It shall be the duty of the Secretary Treasurer to promptly notify those officers in event of a revocation or the reisHuing of a f , • } license. ?? LICEWSES. • 7 Sl. (;TION 6. (a) Itoroafter overyonn desiring to be licensed as a painting contractor in the City of Clozarwater, shall make ap- plication to the Board of Examiners by filling in the printed forms f % ` which may be obtained from the Building inspector 's Office, and depositing with such application the sum of X5.00 for an examination fee. Any person taking the examination for a firm, co-partnership. 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 an other firm corporation, copartnership, ? association or other organization, or any combination thereof, while this license remains unexpired or uncanceled; provided " however, that if the person passing the examination shall at.an.y time sever his or her connection, for any reason, with the Painting Contractor, to whom license was V'}1 , . ?, • , issued on his or her -. °? -° _.r:'..-i? .• examination, it shall be the duty of both him or her and the ? X3'3 Painting Contractor to whom license was issued to give written notice immediately to the Board of Examihers, and at the same time surrender the license for cancellation. The Painting Con- `.?i;; 1.„•. tractor to whom license was issued may, at the time of surrendering Xr% license, delegate some other active member or legal.ly authorized ; agent to qualify for examination for them without the payment t t of any additional examination fee or occupational license fee for the remainder of the fiscal year. f. • . '1 '' : SF=.s f ' ;'` (b) After complying with the provisions regarding applicants yk ; •:`' set forth in Section 6(a), the applicant shall be entitled to an examination to determine his or her qualification. .i'•t (c) if the result of the examination is satisfactory the f`•' ' fit.:', •', J. ,Ye .a.,: ''r ?. Board shall issue a certificate to the City Manager of the City I ,i' Mqj??~ r? ??• f_?'•.Ft .s,*; ,- _ J '?1.t:' f.i"', bt~ i ' *t'A x :r,t of Clearwater who shall then issue a license to the applicant ?tq ;:?„?rY r; i•. tN.rrt':•i?F ?a..:?.s.`"?'']'°!7 `?,t, 'FAA ?''.'+° ?:':•? ? upon the payment of such occupational licens•a fee as is .: : •'?s'.,.}:..?- •xi?:.:.• V0 V, k 'I aa [ ;Fi?yy,. a, ,.i .y'-t: r r-;e',Y? tt t?? --.."•c1 ?::'ri kv, 417?17 7" t, yJ, i _ I hereinafter stipulated in Section 10. (d) Any person failing to pass the examination may be re- { .; examined at the next.rogular meeting of the Board, or at such r special meeting called for the purpose of giving examinations, without additional examination fee. (e) All licenses issued under the provisions of this Ordinance shall expire on the 30th day of, Septembor of each year following their issuance. Any licensee may renew his or her license j certificate within thirty days Prow the date of the expiration ¢ without examination by paying the proscribed amount due for ' occupational license tax as proscribed in Section 10. {P) Licenses may betransferred, subject to the examination provisions of sub-section (a) of this section, when there is a s .,bona-fide sale and transfer of the property used and employed in the business as stock in trade, provided such transfer shall be i 'made within ten days after said sale has taken place. .`' (g) Change 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, destroyed or mutilated, may be issued by the Board - ?? ,_:f • ,???' k'; ?l:. . The filing of a petition in voluntary bankruptcy by any Painting Contractor holding license under the terms of this ordinance shall automatically revoke such license pending a decision of the Board as provided for under Section 7 of this :. Ordinance. ?': ;g' ', • . ? , Y• • i ' E ' , POWER OF BOARD OF EXAMINERS. .F{ `` SECTION 7. The Board shall have the povier, in addition to ?'., t ` . ?'?• :.`?; '` ;,•? -f{`' all other powers provided for in this Ordinance, to revoke the license of any Painting Contractor licensed hereunder who shall C , ?. '' FI be guilty of any one or more of the following acts or omissions `'• s`" 3 : _;` JA- - to-17it: (a) FRAUD or deceit in obtaining license. (b) Negligence, incompetency or misconduct in the practice +J of painting contracting within the meaning of this Ordinance. F Abandonment of any contract without legal excuse. ;V.. i::k 'i?sS.::" ' .1,. •r`; :. .I (d) Diversion of property or funds received under express ,-1!?j'S! j.i 4 "'(1 ay'7i+`-4'• F4'`•r •'Y •.?\s^ M'. #wr ? ?t:ig' iii-f?$??iJ=K t .. , .. ..?. .3s, , 1 '' . ?, E ; •,-, . ;'i .. Y . i y' 912 agreement, for prpsecution or completion of a epeoific contract under this Ordinance, or for a specified purpose in the prosecution or completion of any contract, and their application or use for r• any other contract, obligation, or purpose with intent to defraud or deceive creditors or the owners. } (a) Fraudulent departure from, or disregard of contractual obligations, plans or specifications In any zra terial respect, without consent of.the owner or his duly authorized representa- tive, of the doing of any wilfulfraudulent act by the licensee as a Painting Contractor in consequence of which another is sub- stantilly injured. •.:' ;.;:. Charges for the violation of any, of the terms and conditions of the Ordinance may be preferred against a licensee under this " Ordinance by any person directly interested in or by any member 3 of this Board. Such charges must be made in writing and sworn _t to by the complainant and submitted to a quorum of the Board. It will then be the duty of the Board, at the earliest possible date, not later than thirty days thereafter, to investigate the .; charges and render their decision without delay. A copy of the charges, together with the time and place of hearing shall be lawfully served on the accused at least five days before the date fixed for the hearing) at the hearing the accused shall have the right to appear (personally and by counsel and cross- . L. examine witnesses against him or her and to produce witnesses and evidence in his or her. defense. If, after the hearing, the Board's decision be that the licensee :? ' . t ..... _ has been guilty of the charges preferred of ainst him or her, the Board shall suspend or cancel the Fainting Contractor's license. The Board ma y re-issue a license to any fainting Contractor whose license has been revoked, providing three or more members of the Board vote in favor of such re-issuance for reasons the Board may deem sufficient. Prompt notice shall be given the City Manager and the City Y?.:,'t " ?tt;{'?'t.r.??,;y m?;:•.t;,;.??•??: Clerk, in the case of revocation or the reissuing of any license. f?`«Ylt w•• „? `: LICENSES AS ISSUED SECTION 8. The issuance of a license under this Ordinance ???5 ?vk 4r?iY?1 ,,Y,f??TfaF`?`4?-_ .. `:. • j •':, .i - - • ??, • 1 •? "'?,- r?R-... ' .. /ww??Yl?Ylf?»F???I.IYY1wN?Ntlllr t` '` -,?,.I` ?'?.,';: si`• :;fit}? - ,? . , L'. L:.. ;?'; ? ':?'f•_ ?+?;' sir ? ? :'. E 913 shall be evidence that the person, firm, corporation, co- partnership, association or other organization, or any combin- ation therect', are ontitl©d to all the rights and privileges of if a Painting Contractor at all timoa that the license remains unrevoked or unexpired, EXEMPTIONS. - SECTION 9, This Ordinance shall not appl-y: (a) To an authorized representative, of the United States of America, the State of Florida, the County of Pinellas or the City of Clearwater, doing Painting Contracting in their official capacities upon their own properties, (b) To owners, or their duly authorized agents or lessees wherein the total cost of material and labor bn any one building or structure amounts to less than $25.00. OCCUPATIO14AL LICENSE FRES. SECTION 10. Upon presentation of a certificate from the Board of Examiners, the City Manager of the City of Clearwater shall furnish the Painting Contractor with a City License, upon the payment of the occupational license fee of $15.00, and no person, partnership, firm or corporation shall engage in the business of Painting Contractors without first procuring from the City Manager, of the City of Clearwater, a certificate evidencing the payment of their occupational fees prescribed in this section... APPEAL. SECTION 11. Any person who may feel aggrieved by reason of aay decision, action, order or Judgment of the Board may appeal to the City Commission of the-City of Clearwater, Floridap All such appeals shall be in writing and must be taken within ten (10) days after the making or entry of the decision, action, order or judgment complained of and 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. PEFir'IITS . SECTION.12. (a) Before the prosecution of any work as more specifically herein.described, wherein the cost of said work or .l.....M.rs4 .. MMI - e1 r . 7 f painting exceeds 425.00, a permit shall be procured from the 1 Building inspectorp ouch pormito for work nhall be issued by the Building Inspector only to duly licensed Painting Contractors condor the provisions of this Ordinance, by paying to the Building, Inspector, a fee of 50? for the first ,%25.00 and 25V for each 3 , $100.00 thereafter. PENALTIES. SECTION 13. Any person or persons, and the members of any firm, co-partnership,, corporation, association or other organization, or any combination thereof, presenting or attempt- ' ina to file or use the license of another, or who shall give false; or forged evidence of any kind to the Board, or to any member ." •?:,}? .::+''-^ ??• F '?` ; ,, • ?. thereof, in obtaining or maintaining a license, or who shall falsely impersonate another, or who shall use an expired or revoked license, or shrill viblate any one or more of the provisions of any section of this Ordinance', shall. upon conviction, be :. punished by a fine not exceeding $200.00 or by imprisonment for ' .r SECTION 14. phrase of this constitutional, e 3 remaining porti SECTION 16, shall be and th A Passed and a Clearwater, kilo AtteL J. E. Satterfie City Auditor an /25 '.{,rF?'t?a STS f.' k .:,??.': krr. a'! •; r`l:,t +k: ?i'•„a1,4?,1 + J'Y +F li't' •? ? 525, '.? VALIDITY Ov OHDINANCE, ny section, subsection, sentence, clause or .;? once, is for any reason, held to be un- decision shall not affect the validity of the f this Ordinance, Ordinances or parts of Ordinances in 0onflict +a are hereby repealed. d by the City Commission of the City of !' , . •'':; . , . ; ;' ;'':.:?. ''. ; this 15th day of February, 1937. „ r R. E. Green, ?Mayor-Commissioner . rk. 'J . - •' •!;. ' fit'-. ' g. •{-,; Y AMOK