Okaloosa County BOCC — November 16, 2013 — Ordinance Amending Chapter 12 Fines and Fees for Unlicensed Contracting for 9-3-13 BCC — reading text

ORDINANCE NO. 13- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA; PROVIDING FOR A SHORT TITLE AS THE “OKALOOSA COUNTY UNPERMITTED CONSTRUCTION AND UNLICENSED CONTRACTING ORDINANCE OF 2013”; PROVIDING FOR THE AMENDMENT SECTION 12.02.00.2 OF THE LAND DEVELOPMENT CODE, ORDINANCE 91-01 AS AMENDED; PROVIDING FOR THE REPEAL OF ALL OTHER CONFLICTING PROVISIONS; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES OF OKALOOSA COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. RECITALS WHEREAS, Okaloosa County is a political subdivision of the State of Florida to which Chapter 125 of the Florida Statutes grants broad authority and provides for the adoption of ordinances to provide for self-governance; WHEREAS, Okaloosa County adopted and has from time to time amended Ordinance 91-01 which creates a Land Development Code that includes, among other provisions, Chapter 12 which establishes, among other things, fines for violations of various provisions of the County’s ordinances; WHEREAS, the Board of County Commissioners finds that it is necessary and in the public interest to amend the provisions of Chapter 12 of the Land Development Code, “Fines and Fees” to reflect the provisions of Chapter 489, Florida Statutes, as amended by House Bill 269 passed during the 2013 legislative session which authorizes the levying of fines and penalties for unpermitted construction and unlicensed contracting activities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: Section 1. Short Title. This Ordinance shall be known and may be cited as the “Okaloosa County Unpermitted Construction and Unlicensed Contracting Penalty Ordinance of 2013”. Section 2. Amendment of Section 12.02.00 of the Okaloosa County Land Development Code, Ordinance 91-01, as amended. Section 12.02.00.2 of the Land Development Code (Ordinance 91-01, as amended) is hereby amended as follows (language to be removed is stricken, language to be added is underlined): 2. Unlicensed persons doing work or advertising or any other violation of Sections 489.101 through 489.134, 489.501 through 489.539 and 489.551 through 489.559, Florida Statutes for work in any trade fields which require a license……………………$500.00 Citation…………………………………………………………………………………......................$ 2000.00 Code Enforcement Board or Special Magistrate…………………….......not more than $2500.00 per day  Section 3. Incorporation into County Code. It is hereby directed by the Board of County Commissioners that the amendments provided herein be incorporated into the Code of Ordinances of Okaloosa County, Florida, and that any renumbering of the various sections is hereby authorized as necessary to achieve that directive. Section 4. General Repeal of Conflicting Provisions. Any ordinances or portions of the Code of Ordinances of Okaloosa County in conflict herewith are hereby repealed. Section 5. Severability. If any section, subsection, clause, or other part of this ordinance is deemed unlawful in any court of law competent to decide such matters, said section, subsection, clause, or other part shall be severed and held as a separate provision and shall have no effect on the remainder. Section 6. Effective Date. This ordinance shall take effect as provided by law. PASSED AND DULY ADOPTED in regular session this _______ day of ___________, 2013. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: ____________________________________ Don R. Amunds, Chairman ATTEST: _________________________________ Don Howard Clerk of Circuit Court