STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION II DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, © vs. : Case No. 99-07200 : . 6 1- [ceSPC NICOLAS CHAVEZ, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Construction Industry Licensing Board, against NICOLAS CHAVEZ, ("Respondent"), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Plumbing Contractor, in the State of Florida, having been issued license number CFC037076, his license is currently in active status. 3. - Respondent's last known address is 3121 NW 28" Street, Miami, Florida, 33142. 4. _ Atall times material hereto, the Respondent was licensed to practice contracting as NCH Plumbing. 5. At no time material hereto did Respondent possess a valid certificate of authority of to practice contracting as NCH Plumbing, as required by Section 489.119(2), Florida Statutes. 6. In or around July, 1998, South Florida Remodeling and Building Corporation contracted with Respondent, doing business as NCH Plumbing, to install all plumbing and.a sewer line on a remodeling job South Florida Remodeling and Building Corporation was contracted to do at 3170 NW 132™ Terrace, Opa Locka, Florida owned by Nettie Kaigler and Steve Sanders. 7. Respondent received a total of $5050.00 for the plumbing work. 8. On or around August 14, 1998, Respondent obtained permit number 5007 from the City of Opa Locka for the sewer connection on the Sanders/Kaigler residence, 9. On or around August 20, 1998, Respondent obtained permit number 5009 from the City of Opa Locka for work on the septic tank at the Sanders/Kaigler residence. 10. Respondent failed to call for final inspections on permits 5007 and 5009. 11. Onor around July 27, 1999, City of Opa Locka Building Inspector James Leverock performed an exploratory investigation on the Sanders/Kaigler residence and discovered raw sewage under the home. 12. The raw sewage under the home was due to Respondent’s failure to install a flange and wax rig on the new toilet fixture Respondent installed in the residence. | 13. Leverock states that the raw sewage constituted a heath hazard and an emergency, demanding that the problem be repaired. 14, On or around October 1, 1999, Respondent was cited twice and fined $250.00 for each violation by failing to call for final inspections on the sewers and septic tank, for a total of $500.00, by the City of Opa Locka Building Department. COUNT I 15. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count I. 16. Section 489.119(2), Florida Statutes, provides that if an applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 17. Based upon the foregoing, the Respondent violated Section 489.129(1)(j), Florida Statutes, by failing in any material respect to comply with the provisions of this part or violating a rule or lawful order of the board. COUNT II 18. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count II. 19. Based upon the foregoing, the Respondent violated Section 489.129(1)(n), Florida . Statutes, by committing incompetency or misconduct in the practice of contracting. COUNT II 20. Petitioner realleges and incorporates the allegations set forth in paragraphs one 3 through fourteen as though fully set forth in this Count III. 21. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections, more specifically by failing to call for final inspections on the project. COUNT IV 22. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count IV. 23. Based on the foregoing, the Respondent violated Section 489.129(1)(p), Florida Statutes, by proceeding on any job without obtaining applicable local building department permits and inspections, more specifically by failing to call for final inspections on the project. ) COUNT V 24. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count V. 25. Based upon the foregoing, the Respondent violated Section 489.129(1)(o), Florida Statutes, by committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. COUNT VI 26. Petitioner realleges and incorporates the allegations set forth in paragraphs one - through fourteen as though fully set forth in this Count VI. 27. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by being disciplined by any municipality or county for an act or violation of this part. COUNT VII 28. Petitioner realleges and incorporates the allegations set forth in paragraphs one through fourteen as though fully set forth in this Count VIL. 29. Based upon the foregoing, the Respondent violated Section 489.129(1)(i), Florida Statutes, by being disciplined by any municipality or county for an act or violation of this part. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this ib (be ‘day of Ochky 2000. COUNSEL FOR DEPARTMENT: Patrick F. creeds 1 fA olor Department of Businass and Professional Regulation Assistant Gener. Counsel / DEPUTY CLERK Department of Business and Professional Regulation 2 tard Mn Which PD 1940 North Monroe Street CLERK ‘ Tallahassee, FL 32399-2202 DATE ) 0 . 19 - A0CO St ANN JJM/PFC

Docket for Case No: 01-001085PL