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05-09-1978 Public Hearing ~.- ,~ -.. -. ~ '. u o BOARD OF ADJUSTMENTS AND APPEALS (Building Code) PUBLIC HEARING May 9,1978 Mr. Clifford Denton called the hearing to order at 7:30 P.M. in the City Clerk's office at City Hall. Mr. Denton was acting in the capacity of, impartial umpire at this hearing to determine the possible suspension of a contractor's license under Ordinance 941 Section 10. Mr. Denton stated that he would make his recommendations to the Building Inspector after the proceedings. Present at the hearing: Mr. Charles Murphy Mr. Harold Brown, Sr. "Mr. Douglas Cole Mr. J. Troutner Mr. Gene Harri s Mayor Robert H. Christy Mr. Mumford Mr. Hogue Mr. Paul Leoffler Mr. Clifford Denton Mrs. Nancy Blazi Mr. Denton asked if there were any complainants present. Mrs. Hogue, one of the original complainants was not present at the beginning of this hearing. Mr. Harold Brown, another complainant was present '- Mr. Denton explained that under Ordinance 941 the City may suspend certification of competancy if after due hearing it is found that the holder thereof has violated any of the pro- visions of Section 9. Section 9 states: 1. It shall be unlawful for any contractor defined by this Ordinance and operating within the City to commit anyone or ", more of the following acts. Depart or disregard in any material respect from the plans or specifications of the construction job without the consent of the owner or his duly appointed repre- sentati ve'; Failure to fulfill contractural obligation through inability to pay all creditors for material furnished for work or services performed in the operation of his business for which he is licensed hereunder. Negligence, incompetency or misconduct in the practice of contracting within the meaning of this Ordinance. The City cannot get into a dispute over the failure of a contractor to pay his subcontractors. This should be handled'by civil action or the filing of a mechanic's lien. However, Section 9 para. h states: failure to fulfill contractural obligations through inability to pay, etc. Also, it states that a contract for construction is a contract to perform as specified in that con- tract and it'is explicit in regard to the payment of contractors and subcontractors, so complaints from these creditors may be con- sidered. The object of this hea"ring is not to attempt to enforce compliance with the contract or to rule on payment to subcontractors or suppliers, but to determine whether or not the terms of the certificate of competancy have been violated. .r.... 01" u () It will also be determined what steps, if necessary, shall be taken to protect the City of Edgewater. Mr. Denton said that he had a checklist of items which would seem to be needed to fulfill the contract. Mr. Hogue currently lives in the house Mr. Karditzas built. Since the house was built, Mr. and Mrs. Hogue have been divorced and Mr. Hogue is presently taking legal action to obtain full ownership of the house. Mr. Mumford was present to represent Mr. Karditzas. He stated that it was his belief that Mr. Hogue did not have any complaint against Mr. Karditzas. The checklist on items needed to be completed before the contract for the house is completed. Mrs. Hogue initially submitted this 1 is t . Mr. Mumford said that when Mrs. Hogue made the list out she was still living in the house. She has since moved out of the house. Mr. Denton asked Mr. Hogue is he waived his rights to object to Mr. Karditzas performance as their contractor. Mr. Hogue said that he was willing to fulfill his obligations to finish the house or for whoever wants payments on it under the condition that he is living in the house and legally it is his house. Under the present conditions what happens as far as the house is concerned is Mrs. Hogue's responsibility. The checkli~t was made out in the name of Allen and Janice Hogue but there is no date on the list. The house has been occupied for about one year. Mr. Denton advised Mr. Hogue that if the contractor's suppliers or subcontractors have not been paid for by the contractor, Mr. Hogue would be subject to a mechanic's lien. These suppliers and subcontractors can go back to Mr. Hogue for payment. That would have to be determined by a court, but,Mr. Hogue would have the expense of court costs, lawyers, etc. Mr. Mumford said that he believed there were some unpaid bills. Mr. Brown for example had not been paid. Mr. Karditzas gave Mr. Mumford a list of unpaid bills. Mr. Brown has a judgement against Mr. Karditzas. Mr. Karditzas is presently not doing general contracting in the area, he is working in Tampa. There is an unpaid balance on Mr. and Mrs. Hogue's house which when the legal defficulties of the Hogues get cleared up, should be paid to Mr. Karditzas and dispursed to individuals due money from Mr. Karditzas on this house. There should be sufficient fynds to take care of this. Mr. and Mrs. Hogue are divorced and Mr. Hogue is involved in the ownership of the house. When this is established through the courts, he is sure Mr. Hogue would want to get the financial problems on the contract cleared up. Mr. Denton said that it seemed an imposition to have the suppliers payments held up by court proceedings when funds have been with held for this purpose. It is difficult for both the owner and the supplier. Mr. Murphy said that Mrs. Hogue had the money and it is not in an escrow account and she could just spend this money and if Mr. Hogue got the house back it would be his responsibility to pay any monies due. Mr. Denton said that they could not become involved in the personal or legal problems of the complainant or Mr. Hogue or be concerned as to who has the money or the house at this time. We are interested ln satisfying a contract and the contractor is under obligation 2 ..'" ......... CJ t.J to pay his suppliers. To keep his license in good standing a contractor must remain clear with his suppliers and subcontractors. Mr. Brown stated that he had not done anything with the judgement against Karditzas as yet, he is trying to get it straightened out. There are more subcontractors and suppliers that have complaints against Mr. Karditzas. He does not feel Mr. Karditzas should retain his license and not do the kind of a job a contractor should do. Mr. Harris said that he does not believe Mr. Hogue's involvement has bearing on this case now since Mrs. Hogue still owns the house. She is the one who made the original complaint. Mrs. Hogue arrived at the meeting. She stated that she had origina41y complained about Mr. Karditzas but she was no longer living in the house and it was not her responsibility although' she said Mr. Karditzas should finish the job he started. Mr. Denton said there seems to be a conflict as to who owns the house and whether the checklist is still valid or not but since Mr._and Krs~ Hogue_were both parties to the contract and as far as he knows still are in partnership on the contract, the hearing now concerns monies owed to subcontractors and suppliers. The fundamental point seems to be the certificate of competancy of the con t r act 0 r . The r.e i san un p aid b a 1 an ceo nth e con t r act and t his has lingered on. He declared the hearing closed and said.that he would make his recommendations to the Building Inspector. The Board of Adjustments and Appeals then held a brief regular meeting. ROLL CALL Harold Brown Doug Cole Gene Harris Joe Troutner Charles Murphy Paul Loeffler In the absence ~f the chairman Mr. Piser, Harold Brown called the meeting .to order. Mr. Brown read a letter from the Mayor, requesting that a member of the Board be present at Council meetings if there was anything on the agenda that concerned the Building Code Board. '~The .Board also discussed getting their minutes and having their ,~~ meetings recorded. They wish to be called the sime day of the meeting. Mr. Piser has stated that he planned to resign. He has not yet formally done so. The Board discussed appointing a new chairman. . c).. ~ Mr. T r 0 u t n ern 0 m i n ate d 11 r. B row n for C h air man . 1~ r. C ole see 0 n d e'd ~the nomination. The vote was unanimous. Mr. Brown was elected the new Chairman t ~ ?The Board discussed changing their meeting night. Mr. Troutner ~ made a motion that the Board meet the third Tuesday of each month. Mr. Harris seconded the motion. The motion CARRIED unanimously. The Board discussed a co-chairman but decided to wait until they had a new member appointed before voting on this position. . ;/ ~~~. The Board discussed changing the sign ordinance. discuss this at the next meeting. They decided to The meeting 'w~s adjburned. MINUTES SUBMITTED BY: Nancy Slazi 3