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
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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.
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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.
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