Building Department Investigator (BDI) Shaun Coss read the facts of the case.  He stated that because Mr. Simpson did carpentry work for a living and this is considered a specialty, he needed to apply to the state for a contractor's license or a local certificate of competency for the business; or, immediately cease operation and inactivate his business tax receipt. He stated that Mr. Simpson obtained his BTR over 20 years ago but at that time it was called an occupational license and it included all forms of contracting.  The process has changed since then and Mr. Simpson is asking to be grandfathered in and be given a license.

Mr. Amos L. Simpson was sworn in.  He said he had held his business tax receipt for over 20 years and he thought it was a license that allowed him to perform contract carpentry work.  His license was issued as a sub-contractor and he could work for contractors or home owners only.  He is known for his reputation and quality of work.

BDI Coss read the application process from Chapter 5 and said Mr. Simpson holds no other licenses or certifications anywhere other than Ft. Pierce; therefore he can't make application.  He asked that the case be referred to the Contractor's Licensing Board.

SM Ross asked if Mr. Simpson and others in the same situation had been notified at the time new procedures were put in place.  BDI Coss stated that he did not know and that no one in his office has been there for more than 5 years.

Code Compliance Manager Peggy Arraiz explained that this situation is new to the city and Staff was trying to find a way of resolving the problem.  BDI Coss said they have had issues with the computer system that is being used because it won't let them input  BTRs if they don't have a state contract number or competency card.  Mr. Simpson has neither.

Asst. City Attorney Walker said the City's position is asking that the Special Magistrate issue an order that the case go before the Contractor's Licensing Board.  The authority for this request or motion comes from Section 2-251.

SM Ross said she felt there would be more of these cases come before her and she felt some kind of recommendation is in order.

Special Magistrate found that Amos Simpson failed to obtain a contractor's license for his specialty occupation consisting of carpentry as required by the Code of Ordinances and therefore found cause to refer his case to The Board of Examiners of Contractors which is scheduled for May 10 at 9:00 am.

Special Magistrate ordered that a violation does exist and that Michael B. Walker has committed or is responsible for the violations. She ordered that the violator has 30 days to apply for a contractor's license or competency card and obtain such license or competency card within an additional 90 days; or be provided 30 days to cease operations and inactivate the business tax receipt for this business. If the violator fails to come into compliance within the aforementioned time frame the violator will be assessed a fine, in personam, of $250.00 per day until the violation has been cured. The violator has 30 days in which to appeal his decision in the Circuit Court of St. Lucie County.

Mr. Rogerio Dos Santos, MSY Tile, Marble, and Wood Corp.  and Building Department Investigator Shaun Coss signed a stipulation this date stating they would close the Business Tax Receipt (BTR) within 60 days after the date of order.  In the event the BTR is not closed within the 60 day time limit?  there shall be imposed a fine, in personam,  of $100.00 per day for each day the violation(s) continue past that date. The fine will continue to accrue until violations are corrected and if not complied within a timely manner, then there shall be issued an Order pursuant to Section 162.09, Fla. Stat., and Rule 15, Rules of Procedure of the Code Enforcement Board of the City of Fort Pierce, Florida, imposing lien in the manner provided for by law.