HomeMy WebLinkAboutVI (A) Ordinance No. 99-25, Builder Complaint Log Agenda 7-06-99
Item VI A
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0107
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq., Assistant City Attorney
DATE: June 28, 1999
RE: Ordinance No. 99-25 - Builder Complaint Log
Attached please find a copy of the revised Builder Complaint Log Ordinance.
As requested, this Ordinance was revised to provide that Complaint Forms will be removed
from the Complaint Log after (3) years of inactivity as opposed to one (1) year.
Please do not hesitate to contact me should you have any questions.
cc: Paul E. Rosenthal, Esq., City Attorney
Don Flippen, Building Supervisor
Jim Washington
006.143789.2 - e
v0
Agenda 6-15-99
Item VII A
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFT
Oa.coee COMMISSIONERS
oy o CITY OF OCOEE DANNY HOWELL
_ OF _ 150 N.LAKESHORE DRIVE SCOTT ANDERSON
��4...iii RUSTY JOHNSON
v ^ p OCOEE,FLORIDA 34761-2258 NANCY J.PARKER
n / A (407)656-2322
f CITY MANAGER
yr4 'C'Of GOO ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL D 6
DATE: JUNE 8, 1999
SUBJECT: BUILDER COMPLAINT LOG
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve the adoption of an
ordinance that would create a Builders Complaint Log?
BACKGROUND/DISCUSSION
As a result of discussion with the City Commission at a regularly scheduled commission
meeting, an ordinance has been prepared by our City Attorney. Adoption of this ordinance would
require the City Building Official to maintain a Complaint Log which would be available for
public inspection. The Complaint Log would contain all of the Complaint Forms filed by citizens
against builders. Upon receipt of a completed Complaint Form, the Building Official would send
a Builder Response to Complaint Form to the builder. If the builder responds by completing the
form, the Builder Response to Complaint Form would be filed alongside the Complaint Form in
the Complaint Log and a copy would be sent to the complainant. Complaint Forms would be
removed from the Complaint Log upon request of the builder provided there has been no
Complaint Forms filed within one (1) year of the request. A notice of the existence of the
Complaint Log would be required in realtor and home sales offices similar to the notice required
regarding zoning as contained in Chapter 137-1 of the Code.
RECOMMENDATION
I would be respectfully recommend that the Honorable Mayor and Board of City Commissioners
approve this proposed ordinance.
di—
%O
ORDINANCE NO. 99-25
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING THE PROVISIONS OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, FLORIDA BY
ADOPTING AN ARTICLE IV OF CHAPTER 51 OF THE
CODE ENTITLED "BUILDER COMPLAINT LOG"
WHICH PROVIDES FOR A CITY LOG TO RECORD AND
COMPILE COMPLAINTS AGAINST BUILDERS
ENGAGED IN CONSTRUCTION WITHIN THE CITY;
PROVIDING FOR A BUILDER COMPLAINT LOG, A
COMPLAINT FORM, A BUILDER RESPONSE TO
COMPLAINT FORM, INSPECTION OF COMPLAINT
LOG, REMOVAL OF COMPLAINT FORMS AND NOTICE
OF COMPLAINT LOG; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee recognizes that the purchase of
a home is one of the largest investments many residents will ever make; and
WHEREAS, the City Commission desires to provide as much information as possible
regarding builders so that the residents of the City can make informed decisions when
purchasing a home within the City; and
WHEREAS, the City Commission desires to establish a procedure whereby residents
may log complaints regarding builders and the City may in turn make this log available for
inspection as a public record.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of Ocoee has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters
163 and 166, Florida Statutes.
006.128935.6
SECTION 2. Amendment to Code. Article IV of Chapter 51 of the Code of the City
of Ocoee, Florida entitled Builder Complaint Log is hereby adopted as follows:
Article IV
Builder Complaint Log
§ 51-60 Builder Complaint Log. The City Building Official shall prepare
and maintain the Ocoee Builder Complaint Log (the "Complaint Log"). The
Complaint Log shall be housed in the office of the Building Official and shall
be made available for public inspection consistent with Section 51-63 of this
Chapter. The Complaint Log shall contain the following paragraph
prominently displayed on its cover:
NOTICE
This Complaint Log is provided and kept as a public service to
persons contemplating the purchase of a home within the City
of Ocoee. The accuracy of the information contained herein
has not been verified nor investigated by the City of Ocoee.
The City of Ocoee makes no representations or
recommendations concerning any of the builders that construct
homes within the City.
§ 51-61 Complaint Form. In order for a complaint to be filed in the
Complaint Log, the complainant must complete a Complaint Form prepared by
the Building Official. Upon return of the Complaint Form to the Building
Official, the document shall be promptly filed in the Complaint Log in
alphabetical order according to the name of the listed builder.
§ 51-62 Builder Response to Complaint Form. Within ten (10) days of
receipt of a Complaint Form, the Building Official shall send to the listed
builder a copy of the Complaint Form along with a Builder Response to
Complaint Form prepared by the Building Official. In the event the builder
elects to complete the Builder Response to Complaint Form and return it to the
Building Official, the Building Official shall promptly file it in the Complaint
Log either attached to or immediately following the corresponding Complaint
Form and provide a copy of the response to the person who filed the original
complaint.
§ 51-63 Inspection of Complaint Log. Except as otherwise provided under
the laws of Florida, the Complaint Log shall be a public record available for
inspection at all reasonable times.
§ 51-64 Removal of Complaint Forms. Provided there have been no
Complaint Forms filed in the Complaint Log within three (3) years against a
particular builder, all existing Complaint Forms against that particular builder
will he removed from the Complaint Log by the Building Official.
006.128935.6 -Z
§ 51-65 Notice of Complaint Log.
A. A Notice of Complaint Log sign shall be conspicuously displayed at the
following locations within the corporate limits of the city:
(I) At each office or other structure, whether permanent or
temporary, maintained or utilized by a developer, builder,
property owner, real estate broker, salesperson or other person
for the sale of residential dwelling units or vacant lots on which
residential dwelling units are to be constructed; provided,
however, that the foregoing shall not apply to existing
residential structures being utilized for the sale of such
residential structures.
(2) At each sales office located within a residential subdivision.
(3) At the office of every real estate broker.
B. The owner of the property on which the above referenced offices or
other structures are located shall be responsible for compliance with the
provisions of this section. Additionally, as to Subsection A(2) above,
the developer of the residential subdivision shall also be responsible for
compliance, and as to Subsection A(3) above, the real estate broker
shall also be responsible for compliance. All signs shall be displayed in
an unobstructed location clearly visible to persons visiting such office
or other structure.
C. The Notice of Complaint Log sign referenced above shall be prepared
by and distributed by the Building Official. The sign shall be no
smaller than 11 inches by 17 inches, shall disclose where information
can be obtained within the city and shall include such other information
as may be determined by the Building Official. It shall be unlawful to
change or mutilate a Notice of Complaint Log sign.
D. The Building Official shall provide a copy of this article to all persons
seeking a building permit for the construction of a real estate sales
office or an occupational license for real estate sales.
E. The provisions of this article shall be liberally construed in order to
effectively carry out the purposes of this article in the interest of
making builder information available to members of the public.
F. Any person violating any provision of this article shall, upon
conviction, be punished as provided in § 1-12 of Chapter I, General
Provisions, Article II, of the Code of Ordinances of the City of Ocoee.
Each day such violation is committed or permitted to continue shall
constitute a separate offense.
006.128935.6 _3
SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 4. Codification. It is the intention of the City Commission of the City that
the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of
the City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," article, or such other appropriate word
or phrase in order to accomplish such intentions; and regardless of whether such inclusion in
the Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may he authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 5. Effective Date. Except for the display of the Notice of Complaint Log
sign as provided for in Section 51-65 as adopted herein, this Ordinance shall become effective
immediately upon passage and adoption. Section 51-65 as adopted herein shall become
effective forty-five (45) days following passage and adoption of this Ordinance.
PASSED AND ADOPTED this day of , 1999.
006.128935.6
ATTEST: APPROVED:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
(SEAL) S. Scott Vandergrift, Mayor
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED June 24 , 1999
APPROVED AS TO FORM AND READ FIRST TIME June 15 , 1999
LEGALITY this day of ,1999. READ SECOND TIME AND ADOPTED
1999
FOLEY & LARDNER UNDER AGENDA ITEM NO.
By:
City Attorney
006.128935.6 -5
The Orlando Sentinel -
NOTICE OF PUBLIC NEARING
CITY OF OCOEE
Published Doily Nona,is hereby o gen pursuant to Alp
cle VIII of the C IlrutIon 01 the Stale
Florida and Sootier I660u Florida
statutes,that Omee City Comnns-
wlo hold a public hearing in the
�y fj /r l Commission Chambers,shy Hel locat-
Cy-s1n10 o`�`mPtbFI O Aso North Lakeshoresregular Drive,
Pv Ll b [melba Ocoee. Florida.during
COUNTY OF ORANGE S.S. om. or held
soon thneaner asssit 7ble.
in order tolclnsider the adoption of Me
follawm
Before the undersigned authority personally appeared Denise Little ORDINANCE NO.99.25
, who on oath says AN ORDINANCE OF THE CITY
that he/she is the Legal AdvertisingRe resentative of The Orlando Sentinel,a dailyOF OCOEE,PROVISIONS
FLORIDA, MEND-
P ING THE PROVISIONS OF THE
newspaper published at ORL ANDO in CODE OF ORDINANCES OF THE
CITY OF OCOEE. FLORIDA BY
03 ANGE County, Florida; ADOPTING AN ARTICLE IV OF
that the attached copy of advertisement,being a_WTI Fr OF Poi BLIC CHAPTER 51 OF THE CODE EN-
in the matter of_OROr NIA NLF2r10 -44-25 LOG''WHED ICH"BUILDER
COMPLAINT
CITY LOG TO RECORD AND
OMPILE COMPLAINTS
In the_0@ANLF_-- Court, AGAINST BUILDERS ENGAGED
was published in said newspaper in the issue; of ay/24/99 IN CONSTRUCTION WITHIN THE
CITY'PROVIDING FOR A BUILD-
ER COMPLAINT LOG, A COM-
PLAINT FORM,A BUILDER RE-
SPONSE TO COMPLAINT FORM,
INSPECTION OF COMPLAINT
Afllant further says that the said Orlando Sentinel is a newspaper ublished at
LOG.REMOVAL OF COMPLAINT
YP FORMS AND NOTICE OF COM-
OCI AN00 in said PLAINT LOG; PROVIDING FOR
0 RANLP County, Florida, SEVERABILITY;PROVIDING FOR
and that the said newspaper has heretofore been continuously pulished in CODIFICATION;F E'RovlomG AN
said LILLIBP County, Florida, interested parties appear t the
each Week Day and has been entered as second-class mail matter at the post meeting and be hear with respecto
Me proposed action.A copy of I e pro-
office in 0 RL AND 0 in said posed ordinance may be examined in
oRANGd County, Florida, w�keshorr thee Dirge Occeei nndo.
for a period of one year next preceding the first publication of the attached bew a he hours of aoo am. and
5 W m.Monday through Fnday,ex.
copy of advertisement; and affiant further says that he/she has neither paid cept legal hondaya.
nor promised any person, firm or corporation any scount, rebate, NOTICE Anyperson who desires to
commission or refund for the purpose f sectuing this dve tisement for aeoeal anycan made by mini:.
with respect to any nerd
publication in the said newspaper. sod at Simi)meeting Cl need a`rcod
of the pr eedmgs andfor such pur-
pose may need to ensure that a yoNa-
The foregoing instrument was acknowledged before me this 24day of hicyrn h`l°cud shthertestunony is made
_ June 99rA�Denise Little evi-
dence disautlnless appeal
bassl�
s _ by theca y lark. 15O in any dl is
pin.
whois personally known to me and o id take an tri ceedmgs should contact the Office of
the City FLd34161.11507)656n2 ,Fe.
146, o hours in advance of the meet-
(SEAL) Ja n Oration,City Clerk June za,19s9
OLS2769250 JUNE 241 1999