§ 8-46. Prohibitions, penalties, violations.

(1)

Each violation and each separate day a violation of this code continues shall be considered a separate and distinct offense. However, a citation must be issued for the alleged violation for each day an alleged violation continues to exist in order for a separate fine to be imposed.

(2)

Any person found to be in violation of the provisions of this article shall be guilty of a civil infraction.

(3)

The act for which a citation is issued shall cease upon issuance of the citation. It shall be unlawful for any person to continue an act for which a citation is issued unless compliance with the citation and/or this code is achieved.

(4)

A duly licensed contractor who fails to pay a citation or file an election of rights may be deemed as committing negligence and misconduct in the practice of contracting and therefore in violation of this code and subject to the disciplinary guidelines and penalties contained herein and approved by board rule.

(5)

It shall be a violation of this code for any person, individual, partnership, corporation, firm, association or other entity to:

(a)

Falsely hold himself or a business organization out as licensed, a certificate holder, or registered contractor.

(b)

Falsely impersonate a certificate holder or registered contractor.

(c)

Falsely present himself as a certified or registered contractor under another person's certificate or registration.

(d)

Give false or forged evidence to the Hernando County Construction Licensing Board, a member thereof or the board's principal office or an employee thereof for the purpose of obtaining a certificate of competency.

(e)

Use or attempt to use a certificate, license or registration which has been suspended or revoked.

(f)

Engage in the business and/or act in the capacity of a contractor without being duly registered or certified.

(g)

Advertise himself and/or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified.

(h)

Operate a business organization engaged in contracting after sixty (60) days from the date its only qualifying agent ceased to be affiliated with the business organization without designating another primary qualifying agent.

(i)

Commence or perform work for which a building/zoning/landscaping permit is required by state or local law without such permit(s) being in effect. (For the purpose of this section the term effect means a permit issued and does not mean a permit applied for.)

(j)

Proceeding on any job without first obtaining applicable inspection.

(k)

Knowingly hire or perform work for person who is not a duly certified, licensed or registered contractor.

(l)

Reserved.

(m)

Fail to mark or improperly mark; any motor vehicle being utilized by a contractor defined by this code, for construction related business activities.

(n)

Fail to possess or have readily accessible; proof of being duly licensed.

(o)

Violate a stop work order.

(6)

No person associated with a contracting firm qualified by a qualifying agent shall:

(a)

Conceal or cause to be concealed, or assist in concealing from the primary qualifying agent, any material activities or information about the contracting firm.

(b)

Exclude or facilitate the exclusion of any aspect of the contracting firm's financial or other business activities from the primary qualifying agent.

(c)

Knowingly cause any part of the contracting firm's activities, financial or otherwise, to be conducted without the primary qualifying agent's supervision.

(d)

Assist or participate with any qualifying agent in the violation of any provision of this code.

(e)

Any person who willfully refuses to sign and accept a citation issued by a designated code enforcement officer, field investigator and/the building official or his/her designee shall be guilty of a misdemeanor of the second degree, punishable as provide in F.S. §§ 775.082 and/or 775.083.

(Ord. No. 2001-21, § 1, 12-18-01; Ord. No. 2007-05, § 8, 4-17-07)