9.a.
Board of Examiners of Contractors
- Meeting Date:
- 06/13/2017
- Re
- Laura Knowles vs. Mark Musgrave D/B/A Mark Musgrave, LLC
- Submitted For:
- Paul Thomas
SUBJECT:
| Contractor/Qualifier | Dba | Competency Card # | State License # |
| Mark Musgrave | Mark Musgrave, LLC | 16-00018078 | N/A |
CASE INFORMATION:
| Property Owner | Address of Violation | Complainant |
| Tara Development of Palm Beach | 2400 S. Ocean Dr. Units 5321, 5313, 5336 | Laura Knowles |
BACKGROUND
| On July 26, 2016 the Building Department received a complaint from Laura Knowles that Mark Musgrave has allowed three permits to expire without obtaining approval for required inspections. On the same day, Mark Musgrave called the Building department to explain the situation and ask for leniency in regards to renewal fees for the 17 permits that he has allowed to expire. On August 31, 2016, Mr. Coss received a formal written response from Mr. Musgrave indicating the reason for the expired permits was due to health issues including surgeries, hospitalization, and subsequent medication and physical therapy. Mr. Musgrave stated in his response that in July, 2016 he was able to operate his business again. As of September 1, 2016, Mr. Musgrave has renewed two of the permits and intends on reimbursing Ms. Knowles for the renewal of the third permit. Mr. Musgrave has also entered into an action plan with the Building Official to renew the other 14 expired permits at a rate of 2 per month until all permits have been renewed and inspected. On September 13, 2016 Ms. Knowles contacted the Building Department via email to withdraw her complaint against Mr. Musgrave. On October 11, 2016 the complaint was heard at the Board of Examiners of Contractors hearing where it was continued until further notice until such time as the permits are renewed and inspected at a rate of two per month as per the Terms of Compliance as set forth in the Agreement between the Respondent and the City dated September 1, 2016 (Agreement). As of May 5, 2017, Mr. Musgrave has renewed, obtained inspection and closed all 17 permits that had expired thus complying with the action plan. |
TIMELINE
| 7/26/16 | Ms. Knowles files a Contractor Complaint with the Building Department. |
| 8/31/16 | Mr. Musgrave responds to complaint and asks for leniency. |
| 9/1/16 | Mr. Musgrave renews two permits and begins action plan to renew 14 other expired permits at a rate of 2 per month. |
| 9/13/16 | Ms. Knowles withdraws her complaint. |
| 10/11/16 | The matter was continued at the Board of Examiners’ of Contractors Meeting. |
| 5/5/17 | All expired permits have been renewed, inspected and closed. |
| 5/10/17 | Mr. Musgrave is sent the Notice of Rescheduled Hearing letter. |
FINDINGS
| 1. | The following Sections have been violated 5-52 (3) (5) |
| 2. | Ms. Knowles has withdrawn her complaint; however since the Board previously continued this matter, this item must be re-heard by the Board of Examiners of Contractors for final action. |
ALLEGED CHARGES:
| 5-52 (3) | Committing incompetency or misconduct in the practice of contracting. |
| 5.52 (5) | Abandoning a construction project in which the contractor is engaged or under contract as a contractor (A project may be presumed abandoned after ninety days if the contractor terminates the project without just cause or without property notification to the owner, including the days.) |
RECOMMENDATION:
| It is staff’s recommendation that this complaint be dismissed as all of the expired permits have been renewed and closed; and, that an Order of such dismissal be placed in the contractor's file. |
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Building | Karen Murphy | 05/18/2017 01:54 PM |
| Building | Paul Thomas | 05/18/2017 03:35 PM |
- Form Started By:
- Karen Murphy
- Started On:
- 05/12/2017 01:43 PM
- Final Approval Date:
- 05/18/2017