96-28 ORDINANCE NO. 96-28
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A REQUIREMENT FOR ALL
BUILDING CONTRACTORS CONDUCTING BUSINESS
WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF
AVENTURA TO REGISTER WITH THE CITY; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to reduce the vulnerability of its residents to
unlicensed, uninsured and uncertified contractors; and
WHEREAS, the City Council has held a public hearing to enact such regulation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, 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 the 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 of the Metropolitan Dade County Code and does not
Ordinance No. 96-28
Page 2
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 Aventura, or who have
made application for building permits from the City of Aventura shall be required to
register annually with the City of Aventura. All such Contractors shall register with the
City's Community Development 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. Qualifier for the Contractor must appear in person and provide:
i. Current Certificate of Competency;
ii. Current Liability and Workers Compensation Certificate of Insurance,
addressed to the City of Aventura;
iii. 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;
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Page 3
v. At the qualifier'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 qualifier or his/her
designee.
C. In the event that the Community Development Department deems necessary,
the qualifier 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 Aventura being subject
to revocation.
D. The fee for this registration shall be $35 per year, or as may be amended by
Resolution of the City Council of the City of Aventura. (The fee component of
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.
Ordinance No. 96-28
Page 4
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember Perlow, who
moved its adoption on first reading. This motion was seconded by Councilmember
Rogers-Libert, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Rogers-Libert, moved
its adoption on second reading. This motion was seconded by Councilmember Beskin
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 5th day of November, 1996.
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Ordinance No. 96-28
Page 5
PASSED AND ADOPTED on second reading this 19 day,of November, 1996.
AR'i:H-U~I~ I. SNY[~ER,'~MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
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