04-007 1 ORDINANCE NO. 04- ~O'~
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AMENDING SECTION 2-20 OF THE CODE OF
6 ORDINANCES REGARDING QUASI-JUDICIAL BOARDS;
7 PROVIDING FOR NOTICE AND PROCEDURES; PROVIDING
8 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN
9 EFFECTIVE DATE:
10
11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires
12 o enact a written procedure for conducting and giving notice of quasi-judicial hearings;
13
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15 WHEREAS, the City Commission of the City of Boynton Beach has determined
16 the enactment of this Ordinance is in the best interests of the citizens of the City of
17 Beach, protects the integrity of City government, fosters public confidence in
18 actions of the City, and will assist in ensuring that the City's quasi-judicial hearing are
19 with proper notice, opportunity to be heard, and opportunity to present
20 and testimony;
21
22 NOW~ THEREFORE, BE IT ORDAINED by the City Commission of the City of
23 Beach, Florida, as follows:
24
25 1. The/bregoing whereas clauses are true and correct and are now ratified and
26 by the City Commission.
27
28 2. That Chapter 2, Section 2-2- is amended as follows:
29
30 2-20. Quasi-judicial proceedings before city commission or city board;
31 for reconsideration of decision.
32 a) For the purpose of this section the term Quasi-judicial proceeding" shall mean
33 s before the City Commission or Planning Development Board, and limited to the
34 tg specific types of proceedings:
35 (1) Variances;
36 (2) Rezonings;
37 (3) Appeals from administrative decisions of the building official or the
38 director;
39 (4) Master plan approvals;
40 (5) Site plan approvals;
41 (6) Modifications of site plans.
42 (7) Relief from requirements of the sign code.
43 (8) Conditional use approvals
44
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1 udicial hearings shall be conducted in a manner which provides all
2 interested parties with the opportunity to testify, call witness, introduce evidence and
3 amine witness. Testimony shall be under oath or affirmation. When a proposed
4 order comes before the City Commission having first been afforded a quasi
5 udicial hearing before a City Board, the testimony and evidence submitted to a City
6 constitute part of the record of testimony and evidence before the City
7 )n
8
9 No shall proceed until proof of notice of the proceeding, in
10 form, has been filed with the Office of the City Clerk. Proof of notice musl
11 include the name and address of each property owner to whom notice was mailed and a
12 of each sign posted, as hereinafter required. The following notices must
13 for and provided by the applicant:
14
15 1) All property owners, homeowner associations, and condominiun~
16 associations that own property within four hundred (400) feet of the
17 boundary line of the property which is the subject of the quasi-judicial
18 heating shall be mailed, by first class mail, a notice of hearing
19 postmarked no less than ten (10) calendar days prior to the heating.
20
21 2) One (1) sign for each street frontage of the property shall be posted no
22 less than ten (10) days prior to the hearing. The sign shall be legiblc,
23 from a distance of 100 feet and shall contain a description of thc
24 approval being sought, the date, time and location of the heating, and
25 statement that the application being considered is available for
26 inspection in the Development Department of the City Of BoyntoJ~
27 Beach.
28
29
30 3) When a quasi-iudicial hearing is tabled or continued at the request of
31 an applicant, re-notice of the hearing shall be provided by the applicant
32 in the same manner as original notice,
33
34 The City Commission may reconsider its decision arising from a Quasi-judicial
35 ~g only upon a motion to reconsider made at the meeting at which the decision
36 rendered or ........
-.~, ...........request Ac th ....... fha ;'ice mayor,
38 ..
39 the next regular City Commission meetinE. No quasi-judicial
40 shall be considered final until the conclusion of the next City Commission
41 if a motion to reconsider has been made and passes, the conclusion of the,
42 of the matter~ -~,-v .................... ~/~J ...... e ...................... n
43 the entry of a written order approved by the City Attorney
44 signed by the City Clerk. ~,- *~ ...... , ......... · e .........;.4~,~;,., :o , ..... v
45 ................ '~ .......................... ~,-~
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~ances\Quasi-judicial hearings modified.doc
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2 When a motion for reconsideration is made and approved at the Commission
3 at which the decision was rendered, the Commission may immediately
4 the matter before them or, the Commission may reconsider the matter at a later
5 :ime certain which shall be announced, at the meeting, to the applicant and the public. No
6 notice of the matter shall be necessary.
7 When a motion for reconsideration is made following the close of the Commission
8 at which the decision is made, only the motion to reconsider shall be heard at the
9 regular City Commission meeting. If the motion to reconsider is adopted by the
10 sion, the matter which is the subject of the motion to reconsider shall be placed
11 the next regular City Commission meeting agenda. The agenda item shall be noticed
12 n the same manner as the notice provided when the item was originally considered.
13
14 Any board may reconsider its decision arising from a quasi-judicial proceeding
15 upon a motion to reconsider at the meeting at which the decision was rendered.
16
17 Reserved.
19 To the extent of any conflict between the procedures set forth herein and Robert's
20 of Procedure, the procedure set forth herein shall prevail.
21
22 SECTION 2. Severability. Should any section, provision, paragraph, sentence,
23 of word of this Ordinance or portion hereof be held or declared by any court of
24 :ompetent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
25 :onsidered as eliminated and shall not affect the validity of the remaining portions or
26 of this Ordinance.
27
28 SECTION 3. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
29 )arts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
30 :onflict.
31
32 SECTION 4. Codification. It is the intention of the City Commission of the City of
33 Beach, that the provisions of this Ordinance shall become and made a part of the
34 of Ordinances of the City of Boynton Beach, Florida, and that the Sections of this
35 e may be renumbered, re-lettered and the word "Ordinance" may be changed to
36 "Section," "Article" or other word or phrase in order to accomplish such intention.
37
38 SECTION 5. Effective Date. This Ordinance shall become effective immediately
39 its passage and adoption.
40
41 FIRST READING this I -/ day of ~'-~0ru~t~,a ,2004.
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