Loading...
(A) Created; membership. There is hereby created a Plumbing and Gas Contractors' Qualifying Board, which shall be appointed by the City Manager, in conformity with the provisions of F.S. Chapter 469. Such Board shall be appointed at such times and in such manner as is prescribed in such chapter. In addition, one master and one journeyman plumber shall be appointed by the City Manager, to further assist this Board in their duties, examinations and advisory requirements. Such advisory members shall have no voting power.
(B) Terms. Each member shall hold office until his successor has been duly appointed and qualified.
(C) Vacancies. Vacancies occurring in the membership of the Board shall be filled by appointment of a member having the qualifications of the member whose term has terminated, for any reason whatsoever.
(D) Removal. The Manager may remove any member of the Board for misconduct, incompetency or neglect of duty. Any member so removed may request, within ten days, and shall receive a public review by the legislating authority before such removal shall become final.
(E) Compensation. Board members shall be paid the sum of $20 for attendance at each regular meeting of the Board, the amount limited to each member to no more than 12 regular meetings per year. Members of the Advisory Board shall not be paid. Should a special examination date be requested by an applicant for master plumbers' licenses, such application shall be accompanied by a fee of $50. Board members attending such special examination shall be paid equal parts of such special examination fee by the city.
('72 Code, § 10-58)
(F) Plumbing Inspector to be Secretary. The Plumbing Inspector shall be designated by the Manager as the Secretary of the Board.
('72 Code, § 10-59)
(G) Jurisdiction. The Board shall have jurisdiction over all matters encompassed by F.S. Chapter 469, as well as all matters pertaining to the examination, qualifications, disciplinary action and certificate of competency of plumbing contractors, gas-fitting contractors, subcontractors in these and related trades and masters, journeyman and maintenance personnel in these and related trades.
('72 Code, § 10-60)
(Ord. O-66-22, passed - - )
(A) Created; members. There is hereby created a Mechanical Contractors' Qualifying Board, which shall be appointed by the City Manager, consisting of three members, one of whom shall be a mechanical engineer, one an air conditioning contractor and one a sheet metal contractor, all licensed to do business in their respective fields and residents of the general area. In addition thereto, alternates may be appointed for each of the above members in the same field of endeavors which alternate shall not vote on the Board unless the regular member is not present. A mechanical engineer is defined as a professional engineer who is proficient in mechanical engineering.
(B) Terms.
(1) Board members shall be appointed for a term of three years, except the term of the first created Board may be for lesser periods so that the expiration of the members' terms shall be staggered.
(2) Each member shall hold office until his successor has been duly appointed and qualified.
(C) Vacancies. Vacancies occurring in the membership of the Board shall be filled by appointment of a member from the same branch of the contracting business as was the branch of the member whose term has terminated, for any reason whatsoever.
(D) Removal. The Manager may remove any member of the Board for misconduct, incompetency or neglect of duty. Any member so removed may request, within ten days, and shall receive a public review by the legislating authority before such removal shall become final.
(E) Compensation. Board members shall be paid the sum of $20 for attendance at each regular meeting of the Board, the amount limited to each member to no more than twelve regular meetings per year.
('72 Code, § 10-61)
(F) Officers. The Board shall elect its officers for the ensuing year in the month of September of each year. The Air Conditioning Inspector of the city shall serve as Secretary to the Board.
('72 Code, § 10-62)
(G) Jurisdiction. The Board shall have jurisdiction over all matters pertaining to the issuing of a local business tax receipt to air conditioning, heating, refrigeration and sheet metal contractors including all matters pertaining to the examination, qualifications, disciplinary action and certificate of competency over contractors and subcontractors in these and related trades.
(‘72 Code, § 10-63) (Am. Ord. O-2007-07, passed 4-18-07)
(A) Meetings; minutes; quorum.
(1) Each board shall meet and hold meetings as may be required, or at least once per year.
(2) Meetings shall be called by the Chairperson of the Board and, in his absence or disability, by the Secretary of the Board, at any time as may be required.
(3) All minutes of board meetings shall be public records, except those portions of which are of a confidential nature, such as examination papers, credit reports, financial statements and communications received by the Board in respect to the applicants' qualification. The latter matters shall not be publicized unless the City Attorney has first determined that the city is privileged to do so.
(4) A majority of the Board shall constitute a quorum at any meeting, and majority vote of those present shall be required to enable any action of the Board.
(B) Secretaries. The Secretary of each Board shall keep all records, shall receive examination fees and shall perform such additional duties as herein set forth, but shall not vote in matters before the Board, unless he is a member of the Board.
('72 Code, § 10-65)
(C) Employees. For the purpose of administering this chapter, each Board may call on the Building Official to furnish such employees as may be necessary to carry on or assist the Board in performing its duties.
('72 Code, § 10-66)
(D) Rules and regulations. Each board may make such rules and regulations as are consistent with the general policies of this chapter as it may deem necessary to carry out the provisions herein.
('72 Code, § 10-67)
(E) Powers and duties. Each of the contractors’ qualifying boards shall have the duty of determining the qualification of applicants for contractors’ local business tax receipts; to hold hearings; to determine if a local business tax receipt of any contractor should be suspended for any violation of a provision herein and fix the length of time for such suspension or to revoke the same under the provisions herein, or to request the Building Official to investigate any complaints made against the contractor having a local business tax receipt and to determine whether it shall take administrative action against the contractor or direct the investigator to file a complaint for prosecution for the violation against the contractor in the appropriate court, or both.
(‘72 Code, § 10-68)
(Ord. O-66-22, passed - - ; Am. Ord. O-79-49, passed 9-5-79; Am. Ord. O-2007-07, passed 4-18-07)
(A) The Secretary of each contractors’ qualifying board may, upon his/her own motion, or shall, upon a sworn complaint in writing of any person, investigate or cause to be investigated by an investigator appointed by the Board the charges against any contractor issued a local business tax receipt hereunder and submit a written report to such contractors’ qualifying board. Upon the filing of petition of bankruptcy by or against a contractor having a local business tax receipt, or should a contractor fail to keep in force the insurance policy required in § 151.024(A), the Secretary of the Board shall immediately suspend the local business tax receipt and report the matter to such contractors’ qualifying board for revocation action.
(B) The Board, upon receipt of the report aforesaid, shall examine the same and if, in the opinion of the majority of the Board, it appears that there is a prima facie showing of a violation of this chapter, shall take one of the following actions or both:
(1) Instruct the Secretary to send, by registered mail, a letter to the contractor having a local business tax receipt to his last-known address, as shown by the Board’s records, setting out the name of the complainant, the time of commission of the alleged offense, and the substance of the section herein alleged to be violated, giving the section number, and notifying the contractor or having the local business tax receipt to appear before the Board at a time and place fixed, not sooner than five days from the mailing of the registered letter, to show cause why this local business tax receipt should not be suspended or revoked.
(2) Instruct the investigator or complainant to file a sworn affidavit for the arrest of the contractor having the local business tax receipt for appearance before the appropriate court.
(‘72 Code, § 10-69) (Ord. O-66-22, passed - - ; Am. Ord. O-2007-07, passed 4-18-07)
(A) Conduct of hearing.
(1) The administrative hearing provided for in § 151.055(B)(1) shall be open to the public.
(2) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript.
(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely, in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence, over objection, in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding, unless it would be admissible, over objection, in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
(4) Each party shall have these rights:
(a) Call and examine witnesses;
(b) Introduce exhibits;
(c) Cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination;
(d) Impeach any witness regardless of which party first called him to testify;
(e) Rebut the evidence against him.
If respondent does not testify in his own behalf, he may be called and examined as if under cross-examination.
('72 Code, § 10-70)
(B) Decision of Board after hearing. A decision shall be made by the Board by a majority vote within five days after the close of the hearing and shall be as follows:
(1) Not guilty.
(2) Suspension of local business tax receipt, stating time.
(3) Revocation of local business tax receipt, naming effective date.
(‘72 Code, § 10-71(a))
(Ord. O-66-22, passed - - ; Am. Ord. O-2007-07, passed 4-18-07)
(A) An appeal from the decision of the Board may be made in writing, within ten days, by the contractor involved, by a request to the Planning and Development Board, to review all the proceedings, and providing him/her with a copy of the transcript of the proceedings.
(‘72 Code, § 10-71(b)) (Ord. O-66-22, passed - - ; Am. Ord. O-2007-07, passed 4-18-07; Am. Ord. O-2011-15, passed 5-4-11)
(B) Appeals to any board or to the Planning and Development Board shall require the payment of a filing fee of $25. In the event a rehearing is granted by any board, an additional filing fee of $25 shall be required for such rehearing.
(‘72 Code, § 10-72) (Ord. O-70-43, passed 4-15- 70; Am. Ord. O-2011-15, passed 5-4-11)
Loading...