§ 2-6-37. Violations and grounds for action against licensees.

(a)

It shall be a violation of this ordinance [article] and grounds for disciplinary action by the board against a locally licensed contractor to perform any of the following:

(1)

Failing to obey a stop-work order of the building official.

(2)

Knowingly giving false or forged evidence to the board or misrepresentation of any material fact in the application for a certificate of competency, certificate renewal, planning or other county approval for a permit.

(3)

Failing to qualify a firm, or acting in the capacity of a contractor under the name other than the name of the certificate holder set forth in the issued certificate or registration.

(4)

Abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after ninety (90) days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for the termination, or fails to perform work without just cause for ninety (90) consecutive days.

(5)

Committing of mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when:

a.

Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within seventy-five (75) days after the date of such liens; or

b.

The contract has abandoned a customer's job and the percentage of completion is less than the percentage of the total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds under the terms of the contract or refunds the excess fund within thirty (30) days after the date the job is abandoned; or

c.

The contractor's job has been completed; and it is shown that the customer has had to pay more for the contracted job than the original contract price, as adjusted for subsequent change orders, unless such increase in cost was the result of circumstances beyond the control of the contractor, or was otherwise permitted by the terms of the contract between the contractor and the customer.

(6)

Departing from the approved plans accompanying the application for a permit issued to the certificate holder.

(7)

Misrepresenting the requirements of this ordinance [article] regulating work in order to obtain or increase the scope of the work in any contract or work.

(8)

Failing in any material respect to comply with the provisions of Chapter 489, Florida Statutes, or any county ordinance which directly relates to contracting.

(9)

Failing to report to the building official or attempting to conceal, a violation of any provision of this ordinance [article].

(10)

Knowingly combining and conspiring with an unlicensed person by allowing one's certificate and any permit issued therefrom to be used by the uncertified person with the intent to evade the provisions of this ordinance [article], when such person is not working under the supervision or as a regular employee of the certificate holder. Allowing one's certificate to be used by one or more business organizations without having any active participation in the operations, management, or control of such business organization constitutes prima facie evidence of intent to evade the provisions of this subsection.

(11)

Contracting beyond the scope of a certificate.

(12)

Proceeding and/or completing any contracting work, for which a permit is required, without first obtaining all applicable permits and inspections.

(13)

Failing to list the certificate or registration number in any advertisement, in accordance with the provisions of this ordinance [article].

(14)

Being convicted or found guilty or entering a plea of nolo contendere, regardless of adjudication, or a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting.

(15)

Committing fraud, deceit, negligence, incompetency, or misconduct in the practice of contracting, as further described as follows:

a.

Fraud occurs when there is an intentional perversion of the truth in order to induce someone to part with something of value.

b.

Deceit occurs when a person has imposed a false idea or belief on another in order to obscure the truth.

c.

Negligence occurs when a person has not attended to his duties or business with proper care and diligence resulting in a significant danger to life or property.

d.

Incompetency occurs when a person is not qualified, is inadequate, or is unsuitable for a particular purpose, and is unable to function properly in attempting to effectuate that purpose.

e.

Misconduct occurs when a person has intentionally done wrong or has deliberately violated a law or regulation.

(16)

Knowingly disregarding or violating applicable state or local building codes or laws.

(17)

Failing to mark vehicles in conformity with the provisions of Manatee County Ordinance 14-08 as amended.

(18)

Falsely certifying another's qualifications in order to obtain a certificate of competency.

(19)

Being disciplined by any municipality or county for an act or violation of any regulatory provisions which directly relate to the practice of contracting, which discipline shall be reviewed by the board before taking any disciplinary action of its own.

(20)

Filing of a voluntary petition in bankruptcy with the intention of defrauding a property owner or avoiding payment for materials furnished or labor performed.

(21)

Attempting to influence a member of the board regarding a pending disciplinary matter.

(22)

Signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor, and materials, which indication results in a financial loss to the owner, purchaser, or contractor; or falsely indicating that workers compensation and public liability insurance are provided.

(23)

Performing any act which assists a person or entity in engaging in the prohibited uncertified and unregistered practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or entity was uncertified and unregistered.

(24)

Entering into an agreement, oral or written, whereby the contractor's license number is used, or to be used, by a person who is not licensed as a contractor or used, or to be used, by a business organization that is not duly qualified by said contractor to engage in the business, or act in the capacity, of a contractor.

(25)

Knowingly allowing the contractor's license number to be used by a person who is not licensed as a contractor, or to be used by a business organization that is not qualified by said contractor to engage in the business, or act in the capacity of a contractor.

(26)

Applying for or obtaining a building permit for construction work unless the contractor or business duly qualified by said contractor has entered into a contract to make improvements to, or perform the contracting at, the real property specified in the application or permit. This subsection does not prohibit a contractor from applying for or obtaining a permit for the contractor to perform work for another person without compensation or to perform work on property that is owned by said contractor without entering into a contract.

(27)

Failing in any material respect to comply with a rule or lawful order of the board or court of competent jurisdiction.

(28)

Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under Part I of Chapter 713[, Florida Statutes] or a notice to contractor under Chapter 255 or Part I of Chapter 713[, Florida Statutes].

(29)

Failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee, or the business organization qualified by the licensee, relating to the practice of the licensee's profession.

(b)

The following shall be grounds to suspend or revoke permitting privileges against state-certified contractors:

(1)

Committing fraud.

(2)

Committing a willful building code violation in Manatee County.

(3)

Having been found guilty in another county or municipality within the last twelve (12) months of fraud or willful building code violations if such fraud or violation would have been fraud or a violation if committed in Manatee County.

(Ord. No. 14-33, § 7, 10-2-14)