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HomeMy Public PortalAbout10-8087 Homeowners Bill of Rights Sponsored by: Mayor Kelley RESOLUTION NO. 10-8087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO CREATE AND ADOPT A HOMEOWNER'S BILL OF RIGHTS FOR THE CITY OF OPA-LOCKA HOMEOWNERS; PROVIDING FOR RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka desires to assist the residents of Opa-locka with homeowner issues; and WHEREAS, the City Commission would like to create a Homeowner's Bill of Rights to ensure that homeowners are aware of their rights and responsibilities when hiring contactors and design professionals; and WHEREAS, homeowners have the right to access records, public and private, regarding performance and complaints pertaining to their builder, subcontractors, home warranty companies, lenders, manufacturers, realtors, title companies, insurance carriers, and any other entity associated with the home building/home buying process: NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby adopts the Homeowner's Bill of Rights attached hereto as Exhibit A, and directs and authorizes the City Manager to direct the Building Department to assist in enforcing the provisions of the Resolution 10-8087 Homeowner's Bill of Rights. The City shall also enforce Section 10-21 of the Miami-Dade County Code of Ordinances regulating contractors, and report violations to the Miami-Dade County Construction Trades Qualifying Board and the Florida Department of Business and Professional Regulation; and provide access to the list of contractors disciplined by the Florida Department of Business and Professional Regulation and the Miami-Dade County Construction Qualifying Board. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 23 day of jam,2010. _&' JO ES P= . LLEY AY Attest to: MIA Deb. . S. Irby City Clerk Approved as to fo and legal sufficiency: f� { ` ' _ 1 OF S. Geller City • ttorney Moved by: JOHNSON Seconded by: TAYLOR Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson:YES Commissioner Tydus: YES Vice-Mayor Taylor: YES Mayor Kelley: YES 1492626 vl HOMEOWNERS BILL OF RIGHTS Homeowners shall be entitled to the following rights when interacting with the City of Opa-locka Building Department: 1. The right to be notified by the City of Opa-locka Building Department if an application is incomplete and requires additional information. 2. The right to be notified by the City of Opa-locka Building Department immediately after the second denial of a plan and prior to the commencement of a third plan review. 3. The right to contact the City of Opa-locka Building Department with questions or concerns regarding plan review or inspections. 4. The right to an expeditious and courteous response from the City of Opa-locka Building Department. 5. The right to be notified by the City of Opa-locka Building Department, once the Department is made aware of the discipline of a contractor or other design professional by the State of Florida, Miami-Dade County or any other regulatory board, if the professional is attempting to pull a permit on behalf of the homeowner. 6. The right to request that the City of Opa-locka Building Department report contractor violations to the Florida Department of Professional Regulations and/or the Miami-Dade Qualifying Trades Board or any other State or local regulatory agency. 7. The right to have residential permits issued within thirty (30) days of permit application submission, unless the plans fail to comply with the Florida Building Code or other law enacted by the State of Florida, Miami-Dade County or the City of Opa-locka . Homeowners shall be entitled to the following rights when interacting with construction contractors and other design professionals, in accordance with Florida law: • 8. The right to review and inspect all construction documents and permit cards. 9. The right to verify required licenses of all contractors, subcontractors and design professionals issued by the State of Florida, Miami-Dade County or any other regulatory agency. 10.The right to verify current general liability, professional liability and worker's compensation insurance for the contractor, sub-contractors and design professionals. 11.The right to be notified by the contractor of the Florida Homeowner's Construction Recovery Fund pursuant to Florida Statute 489.1425. 12.The right to have liens removed from the property within 75 days of payment for construction services or supplies pursuant to Florida Statute 489.129. 13.The right to be notified by the contractor prior to the abandonment of a construction project pursuant to Florida Statute 489.129. 14.The right to be refunded any excess funds within 30 days after the abandonment of a construction job pursuant to Florida Statute 489.129. 15.The right to pay the original contract price for a construction project as outlined in Florida Statute 489.129. 16.The right to approve any material changes to plans or specifications, as defined by Florida Building Code and pursuant to Section 10-22 of the Miami-Dade County Code of Ordinances. 17.The right to be provided with a list and current contact information for all subcontractors and material men involved in a construction project as outlined in Section 10-22 of the Miami-Dade County Code of Ordinances. 1494127 v] 2 HOMEOWNERS BILL OF RIGHTS Homeowners shall be entitled to the following rights when interacting with the City of Opa-locka Building Department: 1. The right to be notified by the City of Opa-locka Building Department if an application is incomplete and requires additional information. 2. The right to be notified by the City of Opa-locka Building Department immediately after the second denial of a plan and prior to the commencement of a third plan review. 3. The right to contact the City of Opa-locka Building Department with questions or concerns regarding plan review or inspections. 4. The right to an expeditious and courteous response from the City of Opa-locka Building Department. 5. The right to be notified by the City of Opa-locka Building Department, once the Department is made aware of the discipline of a contractor or other design professional by the State of Florida, Miami-Dade County or any other regulatory board, if the professional is attempting to pull a permit on behalf of the homeowner. 6. The right to request that the City of Opa-locka Building Department report contractor violations to the Florida Department of Professional Regulations and/or the Miami-Dade Qualifying Trades Board or any other State or local regulatory agency. 7. The right to have residential permits issued within thirty (30) days of permit application submission, unless the plans fail to comply with the Florida Building Code or other law enacted by the State of Florida, Miami-Dade County or the City of Opa-locka . Homeowners shall be entitled to the following rights when interacting with construction contractors and other design professionals, in accordance with Florida law: 8. The right to review and inspect all construction documents and permit cards. 9. The right to verify required licenses of all contractors, subcontractors and design professionals issued by the State of Florida, Miami-Dade County or any other regulatory agency. 10.The right to verify current general liability, professional liability and worker's compensation insurance for the contractor, sub-contractors and design professionals. 11.The right to be notified by the contractor of the Florida Homeowner's Construction Recovery Fund pursuant to Florida Statute 489.1425. 12.The right to have liens removed from the property within 75 days of payment for construction services or supplies pursuant to Florida Statute 489.129. 13.The right to be notified by the contractor prior to the abandonment of a construction project pursuant to Florida Statute 489.129. 14.The right to be refunded any excess funds within 30 days after the abandonment of a construction job pursuant to Florida Statute 489.129. 15.The right to pay the original contract price for a construction project as outlined in Florida Statute 489.129. 16.The right to approve any material changes to plans or specifications, as defined by Florida Building Code and pursuant to Section 10-22 of the Miami-Dade County Code of Ordinances. 17.The right to be provided with a list and current contact information for all subcontractors and material men involved in a construction project as outlined in Section 10-22 of the Miami-Dade County Code of Ordinances. 1494127 vl 2