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Ocala board orders All Weather Heating and Cooling to pay $175.29 for unpermitted ductwork work
Summary
The City of Ocala Contractors Board of Examiners and Appeals found All Weather Heating and Cooling Inc. in violation of local contracting ordinances for beginning ductwork before an issued permit and ordered payment of $175.29 in prosecution costs. The board removed a willful-violation charge and declined to issue a letter of reprimand.
The City of Ocala Contractors Board of Examiners and Appeals on Feb. 21 found All Weather Heating and Cooling Incorporated in violation of city contracting rules after work began at 926 Northeast Fourth Street before a permit had been issued and the work exceeded the scope of the permit application.
The board ordered the company to pay the cost of prosecution, $175.29, and removed a charge alleging a willful or deliberate violation; the board voted to impose the prosecution cost only and to not issue a letter of reprimand.
Officer Jennifer Buller of the City of Ocala code enforcement division presented the case and said she observed work at the address on Jan. 31 and that the permit on file did not include ductwork. "My pictures show that I was at the location, at about 01:13 that afternoon," Buller told the board. Buller said the scope of work on the permit application did not mention ducting and that work visible at the site indicated the contractor was prepared to perform ductwork before code enforcement arrived.
Gina Humphreys, who identified herself as vice president of All Weather Heating and Cooling, said the company filed the initial permit application on Jan. 29 and then submitted an amended scope to add ductwork after technicians discovered deteriorated ducting on site. "This was a copy of the email from Heather, the office administrator with me. She sent this, scope of work adjustment timed at 01:35PM, which was 2 hours in advance of the comment from code enforcement," Humphreys told the board. She said the final permit was issued Feb. 26.
Board member Kevin Steiner moved to remove the willful-violation charge from the list of alleged violations and to assess costs of prosecution of $175.29 with no letter of reprimand; the motion was seconded by Sherley Wright and carried on a voice vote.
City staff had recommended assessing costs and issuing a letter of reprimand; the board modified that recommendation to remove the reprimand and the willful-violation allegation. The board record reflects the finding of violation based on commencing work before a permit was issued and exceeding the scope on the submitted application.
The board advised the company that the matter would be part of the public record and cautioned against repeating the conduct that led to the hearing.
The evidence and testimony entered at the hearing were accepted into the record by unanimous vote.
