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HomeMy WebLinkAboutOrdinance 98-22 ORDINANCE NO. 98-22 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ESTABLISIDNG A REQUIREMENT FOR ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF SUNNY ISLES BEACH TO REGISTER WITH THE CITY AND TO PAY A REGISTRATION FEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to reduce the vulnerability of its residents to unlicenced, uninsured and uncertified contractors; and WHEREAS, the City Commission has held a public hearing to enact such regulation; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS THAT: Section 1. Definition. In construing the provisions hereof and each and every word, term, phrase or part hereof where the context will permit, the following definition will apply: Contractor. "Contractor" is any person, firm, joint venture or corporation that engages in the business under express or implied contract, in any of the trades, or who undertakes or offers to undertake or purports to have the capacity to undertake, or submits a bid to, or does himself or by or through others, engage in the business of doing a trade. An owner-builder or a person who only furnishes material, supplies or equipment without fabricating them into or consuming them in performance of the work of a Contractor, or any person who engages in activities herein regulated as an employee with wages as his sole compensation shall not be considered as a Contractor. The term "Contractor," as used herein, applies to those construction trades regulated pursuant to Chapter 10 ofthe Metropolitan Dade County Code and does not apply to the construction of boats or similar items of personalty not within the scope of such trades. Section 2. Building Contractor's Registration Required. All Contractors performing work within the municipal boundaries of the City of Sunny Isles Beach, or who have made application for building permits for the City of Sunny Isles Beach, shall be required to register annually with the City of Sunny Isles Beach. All such contractors shall register with the City's Planning, Building and Zoning Department at the time of the renewal of their Occupational license or within seven (7) days thereof, or prior to the application for a building permit, whichever applies. Requirements for registration shall be as follows: A. Agent for the Contractor must appear in person and provide: 1. Current Certificate of Competency: 11. Current Liability and Workers compensation Certificate of Insurance addressed to the City of Sunny Isles Beach; 111. Dade County registration (if Dade County licensed, a state registration is required; if State licensed, a Dade County registration is required). IV. Current Occupational License from the area of primary business. If Dade County licensed, must also provide a municipal Occupational License. v. At the Agent's option, he/she may, at the time of registration, provide a list of employees who are authorized to pick up building permits on their behalf. B. All building permits must be signed and notarized by the Agent or his/her designee. C. In the event that the Planning, Building and Zoning Department deems necessary, the -2- Agent must appear at all building inspections, sign for all building permits and appear at any and all times required. Failure to appear will result in all privileges to engage in contracting in the City of Sunny Isles Beach being subject to revocation. D. The fees for this registration shall be $50.00, or as may be amended by Resolution of the City commission of the City of Sunny Isles Beach. (The fee component or registration shall not be applicable in those instances where preempted by Section 205.065, Florida Statutes. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective ten days after adoption on second reading. PASSED AND ADOPTED on first reading on the 22nd day of Janu PASSED AND ADOPTED on second reading this 26th day of Feb ATTEST: rJ6~wJ.~N-- ~ 1t", RicharQ~OW'n'-~ City Clerk " .' "J" r.' ..~ /' ,/ "- ~""-f .." ,.It; ~ ~-d \ T' o i... jl4;.- \ ~ -3- .; ... ~'-I\ ,,~:c., "~~"'..t' ./ > \ "', . .-0" ~" r-~ ("'. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~ .L- ~ Lynn M. Dannheisser, City Attorney Moved by: ~\~\~ l<.~ Seconded by: V\~~ T ~ VOTE AS FOLLOWS: Mayor David Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow (.lies (~es (~es ~7s ~es ()no ()no ()no ()no ()no -4-