§ 22-202. Disciplinary proceedings.

(a)

There are three categories of violations: (i) Violations of F.S. § 489.127(1), and/or Section 1.1 of this Ordinance (§ 22-101), as amended; (ii) Violations of F.S. § 489.132(1); and (iii) other violations within the jurisdiction of the Contractor's Licensing Board.

(1)

Florida Statutes § 489.127(1), is incorporated herein. (Lack of required license, certificate, or registration). The following are designated to enforce F.S. § 489.127(1): Collier County Building Official, all License Compliance Officers, the Chief Building Inspector, Chief Electrical Inspector, Chief Plumbing/Mechanical Inspector, and/or other inspectors authorized from time-to-time by the Building Official. Procedures specified in this Ordinance shall apply except to the extent, if any, that F.S. § 489.127 or F.S. § 489.132, may require different procedure(s). The penalties for each uncontested violation of F.S. § 489.127(1) and/or F.S. § 489.132(1), are one thousand ($1,000.00) dollars for the first uncontested violation and two thousand ($2,000.00) dollars for the second uncontested violation by the same individual or entity. In the event of a third uncontested violation, the Contracting Licensing Supervisor shall refer the matter to the State Attorney's Office for filing of charges. Notwithstanding the above-referenced penalties, in the event a first uncontested violation is the result of the violator engaging in the business or acting in the capacity of a contractor of advertising 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, the penalty shall be abated from $1,000.00 to $300.00 if the violator submits a completed application in accordance with Section 2.1 and 2.2 of this Ordinance (§ 22-182) within forty-five (45) days of the date of issuance of the Citation for the violation. Penalties for contested violations of F.S. § 489.127(1), are as now or hereafter specified in F.S. § 489.127. Penalties for contested violations of F.S. § 489.132(1), are as now or hereafter specified in F.S. § 489.132. The Citation form attached hereto as exhibit "A" is approved, which form may be amended from time-to-time by Resolution of the Board of County Commissioners.

(2)

Violations. The Contractor Licensing Supervisor, or his designee, may initiate disciplinary proceedings against a licensed contractor for violations of this Ordinance by filing a sworn complaint with the Clerk to the Collier County Board of County Commissioners or may issue a Notice of Non Compliance when (i) it is reasonable for Staff to assume that the violator, at the time of violation, was not aware of the provision that was violated or it can be assumed that it was not clear to the violator how to comply with the violated provisions; and (ii) that violation has not then resulted in economic harm or physical harm to any person..

(3)

Failure of Non-State Certified Individual to Promptly Pay Penalty to County. The Collier County Building Department should not issue any permit or any other required authorization to any Collier County Certified individual who then has an obligation to pay a penalty to the County imposed with finality under this Ordinance for any violation of this Ordinance (including a citation that is not contested) and that individual has not paid that penalty in full by the applicable deadline date, plus reimbursement of the County's costs, such as recording fees and court costs. An appeal of uncontested citations stays all such withholdings.

(4)

Failure of Non-State Certified Individual to Meet Permit Conditions. The County's Building Department may withhold issuance of any further permit(s) or any other authorization(s) to any individual who, or entity that, has not then complied with any condition of all County-issued permit(s) issued to that individual or entity, including every follow-up inspection or any other act then capable of being complied with, although late in time.

(5)

Withholding Permit Pulling Privileges of State Certified Contractor. Before the CLB may withhold any permit pulling privilege(s) of a State Certified Contractor, the CLB, after public hearing, must find that the Contractor violated a provision of Section 4.2 (§ 22-201.1) of this Ordinance.

(b)

Any person who believes that a contractor holding a Certificate of Competency has violated this Ordinance may submit a sworn complaint to the Contractor Licensing Supervisor, or his/her designee. The complaint shall be in substantially the form prescribed by the Contractor Licensing Supervisor. The complaining party shall state with particularity which section(s) of this Ordinance he or she believes has been violated by the contractor and the essential facts in support thereof.

(c)

Upon the submission of a sworn complaint, the Contractor Licensing Supervisor, or his/her designee, shall conduct a preliminary investigation and determine whether the complaint submitted warrants the filing of formal charges. If charges are warranted, the Contractor Licensing Supervisor, or his/her designee, shall file the complaint with the Clerk to the Collier County Board of County Commissioners and shall send, by certified mail, return receipt requested, a letter to the licensed contractor at his local address, or if applicable the local agent's address, as shown by the records of the Contractors' Licensing Board, enclosing a copy of the complaint and indicating:

(1)

The name of the complainant;

(2)

The date(s) of the commission of the alleged offense(s);

(3)

The section(s) of this Ordinance alleged to have been violated;

(4)

The range of disciplinary sanctions which may be imposed upon any contractor, pursuant to this Ordinance by the Contractors' Licensing Board in the event said Board finds a violation of this Ordinance to have occurred;

(5)

The date, time and place at which the contractor shall appear before the Contractor's Licensing Board for a hearing regarding the complaint. The date scheduled shall not be sooner than twenty (20) days from the mailing date of the certified letter.

(d)

The notice of hearing required by this Section may, in the alternative, be accomplished by hand delivery of said notice to the contractor by the Contractor Licensing Supervisor, or his/her designee, or by leaving said notice at the contractor's business or usual place of residence with some person of his/her family over 15 years of age and informing such person of the contents of the notice.

(e)

As an alternative to providing notice as set forth above, at the option of the Contractor Licensing Supervisor, notice may be furnished to the contractor by publication as follows:

(1)

Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50, for legal and official advertisements;

(2)

Proof of publication shall be made as provided in F.S. §§ 50.041 and 50.051. Notice by publication may run concurrently with, or may follow an attempt or attempts to provide notice by hand delivery or by mail as required by this Section.

(f)

Although not required to prove that notice was provided, evidence that an attempt has been made to hand deliver or mail notice as provided in this Section, together with proof of publication as provided in subsection (e) of this section, shall be sufficient to show that the notice of hearing requirements of this Section have been met, without regard to whether or not the alleged violator actually received such notice.

(g)

Conduct of hearing. A hearing shall be held concerning the complaint and it shall be open to the public.

(1)

The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. Any party may have a court reporter present at the hearing at his/her own expense. Neither Collier County nor the Contractors' Licensing Board shall be responsible for any failure of recording equipment during the conduct of the hearing.

(2)

Each case before the Contractors' Licensing Board shall be presented by the County Attorney, an Assistant County Attorney, or by a member of the County staff. Regarding matters under the jurisdiction of the Contractor's Licensing Board, the Building Official is authorized to issue subpoenas to the greatest extent then allowed by law, including F.S. § 162.08.

(3)

Assuming proper notice of the hearing has been provided to the contractor, or was not received notwithstanding attempts to notify the contractor, as provided for in subsection 22-202(c), a hearing may proceed in the absence of the contractor. Evidence regarding "notice" shall be received prior to receiving evidence on the merits of the case.

(4)

The Contractors' Licensing Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Contractors' Licensing Board shall hear testimony from the Contractor Licensing Supervisor, or his/her designee, from the contractor alleged to be in violation of this Ordinance, and from such other witnesses as may be called by the respective parties.

(5)

Formal rules of evidence shall not apply, but fundamental fairness and due process shall be observed and shall govern the proceedings. Irrelevant, immaterial or cumulative evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida. Hearsay evidence may be used for the purpose of supplementing or explaining any evidence but shall not be sufficient, by itself, to support a finding unless such hearsay would be admissible over objection in civil actions in court. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

(6)

Any member of the Contractors' Licensing Board may question any witness before the Board. Each party to the proceedings shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine witnesses; to impeach any witness regardless of which party called the witness to testify and to rebut any evidence presented against the party.

(7)

The chairperson or, in his/her absence, the vice chairperson, shall have all powers necessary to conduct the proceedings at the hearing in a full, fair and impartial manner and to preserve order and decorum.

(8)

At the conclusion of the hearing, the Contractors' Licensing Board shall issue findings of fact based on evidence of record and conclusions of law; impose disciplinary sanctions, if warranted; and shall issue whatever order is necessary and proper to dispose of the complaint in accordance with this Ordinance and Florida law. Said findings of fact, conclusions of law, disciplinary sanctions, if any, and any related order shall constitute the decision of the Contractors' Licensing Board on the case heard before the Board.

(9)

The decision of the Contractors' Licensing Board shall be stated orally at the hearing and shall be reduced to writing and mailed to the parties within 30 days after the hearing. The findings of fact and conclusions of law, disciplinary sanctions, if any, and any related order shall be made by motion approved by a majority of the members of the Contractors' Licensing Board who are present and voting. The decision of the Board shall be effective upon being stated orally at the hearing, unless the Board orders otherwise. The decision of the Board shall be filed with the Clerk to the Collier County Board of County Commissioners promptly after said decision is reduced to writing.

(10)

Should the Contractors' Licensing Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately made, the Board may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto by members of the Contractors' Licensing Board shall take place only at a public meeting of the Board. The Board shall thereafter issue its decision pursuant to subsections (8) and (9) of this section.

(Ord. No. 90-105, §§ 4.2.1—4.2.4; Ord. No. 92-61, § 4; Ord. No. 94-34, § 4; Ord. No. 97-68, § 1, 10-28-97; Ord. No. 99-45, § 4.3—4.3.4.11, 6-8-99; Ord. No. 02-21, § 1(4.3.1, 4.3.3), 5-14-02; Ord. No. 06-46, § 1(4.3.2); Ord. No. 2013-67, § 1)