§ 5.5-66. Citations and violations.

(a)

Authorization. Marion County is hereby authorized to enforce codes and ordinances pursuant to F.S. § 489.127.

(b)

Violations. It shall be unlawful for any person to:

(1)

Falsely hold himself or herself or a business organization out as a licensee, certificate holder or registrant.

(2)

Falsely impersonate a certificate holder or registrant.

(3)

Present as his or her own the certificate, registration, or certificate of authority of another.

(4)

Knowingly give false or forged evidence to the board or a member thereof.

(5)

Use or attempt to use a certificate, registration, or certificate of authority which has been suspended or revoked.

(6)

Engage in the business or act in the capacity of a contractor or advertise himself or herself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified or having a certificate of authority.

(7)

Operate a business organization engaged in contracting after sixty (60) days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in F.S. § 489.1195.

(8)

Commence or perform work for which a building permit is required pursuant to F.S. ch. 553, part VII, without such building permit being in effect.

(9)

Willfully or deliberately disregard or violate any municipal or county ordinance relating to uncertified or unregistered contractors.

(c)

Enforcement.

(1)

The county administrator may designate one or more code enforcement officers as defined in F.S. Ch. 162 to enforce the provisions of F.S. §§ 489.127(1) and 489.132(1).

(2)

A code enforcement officer may issue a citation for any violation of F.S. § 489.127(1) or F.S. § 489.132(1) whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such a violation has occurred.

a.

A citation issued by a code enforcement officer shall be in a form prescribed by the county and shall state:

1.

The time and date of issuance.

2.

The name and address of the person to whom the citation is issued.

3.

The time and date of the violation.

4.

A brief description of the violation and the facts constituting reasonable cause.

5.

The name of the code enforcement officer.

6.

The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

7.

The applicable civil penalty if the person elects not to contest the citation.

(3)

The act for which the citation is issued shall be ceased upon receipt of the citation; and the person charged with the violation shall elect either to correct the violation and pay the civil penalty in the manner indicated on the citation or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing to appeal the issuance of the citation by the code enforcement officer.

a.

Hearings shall be held before an enforcement board or licensing board or designated special master as established by F.S. § 162.03(2), and such hearings shall be conducted pursuant to the requirements of F.S. §§ 162.07 and 162.08.

b.

Failure of a violator to appeal the decision of the code enforcement officer within the time period set forth in this section shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation, and penalties may be imposed accordingly.

c.

If the person issued the citation, or his designated representative, shows that the citation is invalid or that the violation has been corrected prior to appearing before the enforcement board or licensing board or designated special master, the enforcement board or licensing board or designated special master shall dismiss the citation unless the violation is irreparable or irreversible.

1.

Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this subsection.

d.

A person cited for a violation pursuant to this subsection is deemed to be charged with a non-criminal infraction.

e.

If the enforcement or licensing board finds that a violation exists, such board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than fifty dollars ($50.00) per day for each violation. In determining the amount of the penalty, the enforcement board shall consider the following factors:

1.

The gravity of the violation.

2.

Any actions taken by the violator to correct the violation.

3.

Any previous violations committed by the violator.

f.

Upon written notification by the code enforcement officer that a violator had not contested the citation or paid the civil penalty within the time frame allowed on the citation, or if a violation has not been corrected within the time frame set forth on the notice of violation, the enforcement or licensing board shall enter an order ordering the violator to pay the civil penalty set forth on the citation or notice of violation, and a hearing shall not be necessary for the issuance of such order.

g.

A certified copy of an order imposing a civil penalty against an uncertified contractor may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including a levy against personal property; however, such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. After three (3) months from the filing of any such lien which remains unpaid, the board of county commissioners may authorize the county attorney to foreclose on the lien. No lien created pursuant to the provision of this part may be foreclosed on real property which is a homestead under section 4, Article X of the State Constitution.

h.

This subsection does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer other than a function or duty that is authorized in this subsection.

i.

An aggrieved party, including Marion County, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement or licensing board. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.

j.

All notices required by this subsection shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his family above fifteen (15) years of age and informing such person of the contents of the notice; or by including a hearing date within the citation.

k.

Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer commits a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083.

l.

Nothing contained herein shall prohibit Marion County from enforcing its codes or ordinances by any other means.

(Ord. No. 09-23, § 2, 8-4-2009; Ord. No. 18-25, § 1, 11-6-2018)