Scheduling of Appeal Hearing of a Decision by the Contractor Competency Board on April 6, 2016
From:
Donald R. Mayo, Building Official/Department Director
Organization:
Building Services
CAO Approval:
RECOMMENDATION:
Recommendation Concerning the Scheduling of an Appeal Hearing of a Decision by the Contractor Competency Board on April 7, 2016 - Donald R. Mayo, CBO, Building Services Department Director
That the Board approve the scheduling of an Appeal Hearing for June 2, 2016, at 5:32 p.m., to review the Petition for Review of the Contractor Competency Board Decision (made at its April 7, 2016, meeting), as filed by David G. Rademacher, Respondent, in the Complaint No.: COM141100044 - Glenn Olsen vs. David G. Rademacher d/b/a Horizon Sunrooms and Spas, Inc.
BACKGROUND:
The above referenced case is a contractor complaint originally filed on November 17, 2014 against David G. Rademacher dba Horizon Sunrooms and Spas Inc. On September 2, 2015, the Contractor Competency Board found Respondent, David G. Rademacher dba Horizon Sunrooms and Spas Inc., in violation of Section 18-37(c)(1) of the Escambia County Code of Ordinances, “Disregard or failure to correct building code violations or any municipal or county building codes, ordinances, or laws of the State of Florida …”. Based upon the Contractor Competency Board’s finding, it was ordered that Respondent, David G. Rademacher, be assessed a $250.00 fine; $350.00 administrative fees; be placed on six (6) months probation; a Letter of Reprimand be placed in Respondent's Contractor record; and the Board reserved jurisdiction to order restitution in this matter to Complainant/Homeowner, Glenn Olsen.
Respondent filed a timely request for an appeal; the appeal hearing was properly advertised, and a review was held before the Board of County Commissioners on November 5, 2015. At that hearing, the Board of County Commissioners upheld the Contractor Competency Board's decision of September 2, 2015. However, the Respondent later alleged that he failed to receive proper notice of the November 5, 2015 appeal before the Board of County Commissioners and therefore did not attend the hearing. Based on Respondent’s representation that he was unaware of the date of the appeal hearing, the Contractor Competency Board, on April 6, 2016, reaffirmed its decision in Complaint No.: COM141100044, and it is from this decision that Respondent, David G. Rademacher, is seeking an appeal of the Contractor Competency Board's decision.
BUDGETARY IMPACT:
N/A
LEGAL CONSIDERATIONS/SIGN-OFF:
The Recommendation was forwarded for review and approval for legal sufficiency by Meredith D. Crawford, Assistant County Attorney.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:
The Recommendation is in compliance with Sec. 18-59, of the Escambia County Code of Ordinances.