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Amendments to Chapter 9, Building and Construction Regulations (Unlicensed Contracting)

Amendments to Chapter 9, Building and Construction Regulations (Unlicensed Contracting) Board of County Commissioners March 12, 2013. Presentation Outline. Background Citation & Appeals Process Proposed Code Revisions Summary Action Requested. Presentation Outline. Background

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Amendments to Chapter 9, Building and Construction Regulations (Unlicensed Contracting)

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  1. Amendments to Chapter 9, Building and Construction Regulations (Unlicensed Contracting) Board of County Commissioners March 12, 2013

  2. Presentation Outline • Background • Citation & Appeals Process • Proposed Code Revisions • Summary • Action Requested

  3. Presentation Outline • Background • Citation & Appeals Process • Proposed Code Revisions • Summary • Action Requested

  4. Background • Assistance requested by construction industry groups and citizens • Unlicensed contractor activity • violates F.S. 489 and Chapter 9, Orange County Code • fosters sub-standard construction • creates an economic burden for citizens • Regulations do not provide for a process to administer penalties • Consumer Fraud Unit already investigates and mediates criminal complaints • On January 15, 2013 BCC directed staff to bring amendments to public hearing

  5. Presentation Outline • Background • Citation & Appeals Process • Proposed Code Revisions • Summary • Action Requested

  6. Citation & Appeals Process • Citations • Complaint filed with Consumer Fraud • Case file opened • Violator identified and confirmed • Citation is issued • Fines paid to CEDS/FOD • Ignored citations forwarded to collections; repeat violators forwarded to State Attorney for possible civil action

  7. Citation & Appeals Process • Appeals Process • Request to Building Official within 10 days • Building Codes Board of Adjustments and Appeals (BCBAA) hearing • If violator is a “no show” their right to appeal is waived

  8. Presentation Outline • Background • Citation & Appeals Process • Proposed Code Revisions • Summary • Action Requested

  9. Proposed Code Revisions • Sec. 9-4 Building Codes Board of Adjustments and Appeals • Board will conduct citation hearings for unlicensed contracting • Sec. 9-323 Code Enforcement Officers • Authorizes the County Administrator to designate the Orange County Consumer Fraud Unit to issue citations for unlicensed contracting • Sec. 9-326 Enforcement Procedures • Requests for appeals directed to the Building Official

  10. Proposed Code Revisions • Sec. 9-327 Building Codes Board of Adjustments and Appeals • Identifies the Building Codes Board of Adjustments and Appeals as the authority to hear citation appeals • Sec. 9-328 Hearings • Sets out appeals procedure • Change “Special Master” to “BCBAA” • Sec. 9-330 Appeals • Sets out appeals procedure • Change “Special Master” to “BCBAA”

  11. Presentation Outline • Background • Citation & Appeals Process • Proposed Code Revisions • Summary • Action Requested

  12. Summary • Citations for unlicensed contractor activity issued by Orange County Consumer Fraud Unit • Appeals to be heard by the BCBAA • Fast, efficient process that does not burden the judicial system • Responds to the needs of citizens and industry groups • Criminal prosecution is still available

  13. Presentation Outline • Background • Citation & Appeals Process • Proposed Code Revisions • Summary • Action Requested

  14. Action Requested Adopt amendments to Chapter 9 of the Orange County Code to empower the Consumer Fraud Unit to issue civil citations for unlicensed contracting

  15. Amendments to Chapter 9, Building and Construction Regulations (Unlicensed Contracting) Board of County Commissioners March 12, 2013

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