§ 9-11. Appeal from denial of certificate of competency; grievance complaints; appeal from final decision by building official; appeal from notice of unsafe building.

(a)

Appeal from denial of certificate of competency by building official.

(1)

When the building official renders a decision denying an application for a certificate of competency, the applicant for the certificate of competency shall have the right to appeal the decision to the BCBAA.

(2)

Notice of appeal from the decision of the building official shall be in writing and filed not later than thirty (30) days after the decision is rendered by the building official.

(b)

Grievance complaints; grievance hearing; severity of penalty; effect of suspension or revocation of certificate of competency .

(1)

Complaint and grievance hearing . Upon the filing of a sworn, completed complaint by an interested party against the holder of a certificate of competency or a state-certified contractor who has done business in the county, and payment of the appropriate nonrefundable application fee, a grievance hearing shall be conducted in the manner provided by section 9-12. Subject to state law, the BCBAA may impose an appropriate penalty pursuant to its disciplinary powers where:

a.

With respect to a holder of a certificate of competency, a violation of one (1) or more of the acts enumerated in F.S. § 489.129(1), as may be amended from time to time, and which is incorporated by reference, has been found to exist; and/or

b.

With respect to a state-certified contractor, through the public hearing process, such contractor has been found guilty of fraud or a willful building code violation.

(2)

Severity of penalty . The severity of any fine, reprimand, suspension or revocation shall bear a reasonable relationship to the gravity of the offense, but no period of suspension shall exceed one (1) year.

(3)

Effect of suspension or revocation of certificates of competency . The suspension or revocation of a certificate of competency by the BCBAA shall result in the automatic suspension or revocation, as the case may be, of any business tax certificate that may have been issued by the county.

(4)

Recommended penalty to state board . Upon a finding of guilt, in addition to any local penalty, the BCBAA shall make a recommendation regarding a penalty for action by the Construction Industry Licensing Board of the State of Florida Department of Business and Professional Regulation. This recommended penalty may include no further action, suspension, revocation, or restriction of registration, a fine to be levied by the state construction industry licensing board, or a combination thereof.

(5)

Notification to state board . Within fifteen (15) days of the denial of the authority of a certified contractor to obtain a building permit, the BCBAA shall submit notification and information of such permit denial to the department of business and professional regulation.

(c)

Appeal from final decision by building official .

(1)

The owner of a building, structure, or service system, or a duly authorized agent, may appeal a final decision of the building official to the BCBAA whenever any of the following conditions are claimed to exist:

a.

The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.

b.

The provisions of the technical codes do not apply to the specific case.

c.

An equally good or more desirable form of installation can be employed in a specific case.

d.

The true intent and meaning of the technical code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.

e.

The building official has denied or revoked a permit.

(2)

Notice of appeal from the final decision of the building official shall be in writing and filed together with a copy of the final decision not later than thirty (30) days after the final decision is rendered by the building official.

(d)

Appeal from notice of unsafe building .

(1)

A person served with a notice of unsafe building, or a duly authorized agent, may appeal the notice of unsafe building issued by the building official to the BCBAA.

(2)

The notice of appeal from the notice of unsafe building shall be in writing and filed with the building official not later than thirty (30) days after service of the notice of unsafe building.

(Code 1965, § 6-12; Laws of Fla. ch. 67-1828, § 12; Ord. No. 91-2, § 10, 1-15-91; Ord. No. 92-36, § 9, 11-10-92; Ord. No. 93-02, § 7, 1-19-93; Ord. No. 93-21, § 3, 9-14-93; Ord. No. 95-6, § 1, 4-25-95; Ord. No. 97-27, § 31, 12-30-97; Ord. No. 2000-4, § 5, 2-15-00; Ord. No. 2001-26, § 1.A., 12-18-01; Ord. No. 2005-13 , § 1(F), 10-4-05; Ord. No. 2009-12 , § 1, 4-28-09; Ord. No. 2014-29 , § 3, 11-18-14; Ord. No. 2015-06 , 1, 2(A), 6-16-15)