23-016 1
2 ORDINANCE NO. 23-016
3
4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 AMENDING CHAPTER 27, "ADVISORY BOARDS AND
6 COMMITTEES" OF THE CITY OF BOYNTON BEACH CODE OF
7 ORDINANCES; PROVIDING FOR UPDATING OF OUTDATED
8 LANGUAGE, STANDARDIZATION OF APPOINTMENT AND
9 REMOVAL PROCESS FOR REGULAR AND ALTERNATE
10 MEMBERS, QUALIFICATIONS FOR CITY ADVISORY BOARD
11 MEMBERS, AND CLARIFYING DUTIES AND RESPONSIBILITIES
12 OF CITY ADVISORY BOARDS; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
14
15 WHEREAS, On June 2, 2020, the City of Boynton Beach City Commission adopted
16 Ordinance 20-016, creating Chapter 27 "Advisory Boards and Committees" with the intent to
17 consolidate all of the references to advisory boards into one section of the City Code of
18 Ordinances; and
19 WHEREAS, upon a review of report from City Administration, and discussion at the
20 July 18, 2023 City Commission meeting,the City Commission finds that it would be in the best
21 interest of the City of Boynton Beach to update the City's ordinance provisions related to the
22 various advisory boards working on behalf of the City, and to standardize language related to
23 the appointment and removal of advisory board members as provided in Chapter 27 of the
24 City of Boynton Beach Code of Ordinances; and
25 WHEREAS, the City Commission deems it to be in the best interest of the citizens and
26 residents of the City of Boynton Beach to amend Chapter 27, "Advisory Boards and
27 Committees," of the City of Boynton Beach Code of Ordinances, as hereinafter referenced.
28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
29 BOYNTON BEACH, THAT:
30 Section 1. The foregoing "Whereas" clauses are true and correct and incorporated
31 herein by this reference.
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32 Section 2. That Part II, Chapter 27, "Advisory Boards and Committees", of the City
33 of Boynton Beach Code of Ordinances, be,and the same is hereby amended to read as follows:
34 ARTICLE I. IN GENERAL
135
36 Sec. 27-1. City boards and committees defined; generally.
37 (a) Board shall refer to a group of individuals appointed by the City Commission for the
38 purpose of providing advisory assistance to the Commission. No board shall have
39 administrative authority over any department of the city.
40 (b) Committee shall refer to a group of individuals appointed by the City Commission to
41 provide advisory authority on a single subject or issue matter. The City Commission may
42 establish a sunset date for each Committee. Terms board or committee may be used
43 interchangeably herein.
44 (c) The provisions of Chapter 27, Article I, shall apply generally to all city advisory boards
45 and committees unless stated otherwise within applicable law, Florida Statutes, or the Boynton
46 Beach Code of Ordinances.
47 (d) Retroactive effect. To the extent permitted by law, all of the provisions within Chapter
48 27, shall apply to acts and actions occurring or in progress prior to its adoption by the City
49 Commission. All matters pending before the city boards and committees at the time of
50 effective date of this chapter shall continue unabated and be taken up as scheduled before
51 the respective board and committee.
52
53 Sec. 27-2. Board or committee member selection; organization; qualifications; term.
154 (a) No person shall be appointed as a member or alternate member to a city advisory board
55 or committee without the person first submitting an application for appointment. All
56 applications for appointment to a city board shall be on a form authorized by the City
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57 Commission. The City Clerk shall review all applications for completeness and qualifying
58 requirements prior to submitting them to the City Commission for consideration.
59 (b) Selection of chair and vice-chair. The chairperson and vice-chairperson for each board
60 shall be selected annually by each board; however, the City Commission must ratify the
61 selection. Neither the chair nor the vice chair have fixed terms. The chair and vice chair shall
62 be annually reappointed. The duties of the chair shall be to preside at all board meetings. The
63 vice-chair shall perform the duties of the chair in the chair's absence. The City Commission
64 may remove the chair or vice-chair from their position of chair or vice-chair at any time by
65 majority vote of the City Commission. The removal of the chair or vice-chair from the board
66 shall be done pursuant to Sec. 27-5. City Commission may retain the board member on the
67 board or vote to have them removed from the board completely.
68 (cg) Regular members. City boards and committees shall be composed of seven regular
69 members and two alternate members, except as may be provided for by Florida Statutes,
70 Special Act or Resolution of the City Commission or elsewhere within the Code of Ordinances
71 of the City of Boynton Beach.
72 (1) Term of service. All regular member appointments shall be for a two-year period,
73 unless a shorter term is required in order for an appointed term to end on a March 31
74 in order that appointments may be made in April.
75 (21-) The City Commission shall review applicants and staff recommendations to fill
76 vacancies on city boards every April or as soon thereafter as practicable.
77 (3) Commencement of terms. All board and committee appointments shall commence at
78 on the date of appointment by the City Commission.
79 (42) Service beyond expiration of terms. In the event appointments are not made prior
80 to the expiration of a term, members shall serve until their successors are appointed by the
81 City Commission.
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82 (53) The terms of office of the board members shall be staggered so no more than one
83 half of the board is appointed or replaced in any 12-month period.
84 (64) The current term of all board members whom have been appointed prior to
85 September 5, 2023 shall continue uninterrupted until the expiration of said term, or for those
86 board members whose term had expired prior to September 5, 2023 until their successors are
87 appointed by the City Commission.
88 _(d€) Alternates. The City Commission shall appoint two individuals to serve as alternate
89 members for each board. Alternate members may participate at board meetings in the place
90 of absent board members or recused members,to the same extent as regular members. In the
91 event a vacancy occurs on a board, the alternate shall assume the role of a regular board
92 member for the remainder of the abandoned term or until the City Commission appoints a
93 replacement regular member, whichever occurs first.
94 (1) The term for alternate members shall be for one year.
95 (2) Alternate member appointees may be reappointed for one additional one year term.
96 (3) Notwithstanding any other provision of city code or procedural rule, no alternate
97 member of any city board may serve in the capacity of chairperson, vice chair, or chair pro-
98 tern.
99 (d) Organization. Generally, city advisory boards and committees shall be composed of
100 seven regular members and two alternate members, except as may be provided for by Florida
101 Statutes, Special Act or Resolution of the City Commission or elsewhere within the Code of
102 Ordinances of the City of Boynton Beach.
103 (e) Quorum. The presence of four members or alternate members shall constitute a
104 quorum for each advisory board and committee with seven regular members. Where an
05 advisory board or committee has a different number of less than seven regular members, the
06 attendance of regular and alternate members representing a simple majority of the number
07 of regular members of such advisory board shall constitute a quorum.
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08 (f) Qualifications. Members and alternate members serving on advisory boards and
109 committees shall possess sufficient knowledge, experience, judgment or background
10 necessary to competently serve the board or committee to which they are appointed.
11 Members and alternate members must also meet any specific qualification requirements for
12 their advisory board.
113 (1) In order to qualify for appointment to and to serve as a member of any board or
114 committee of the city, an individual must be an elector of Palm Beach County, Florida.
115 (2) In selecting individuals to serve on boards and committees of the city, preference shall
16 be given to individuals who are residents of the City of Boynton Beach; provided however,
117 non-residents who own property in the city, own a business within the city, or serve as an
118 officer, director or manager of a business located within the city may also qualify for
19 appointment provided they possess qualifications or experience required by the uniquely
20 suited to deal with the subject matter over which the board or committee to which they are
21 appointed; provided that residency within the City is not required by ordinance or lawhas
22 subject matter review or power.
23 (3) Individuals may not serve on more than one advisory board at a time. selecting
24 individuals to serve on boards and committees of the city, preference shall be given to
25 individuals who do not presently serve on one of the city's boards.
26 (4) Concurrent service on city boards and committees shall be permitted only to the
27 extent necessary. If a board member holds a position on a board that conducts "quasi judicial
28 _ _ - _ _ " . _ - _ _ - _ 8 herein, such member shall not concurrently serve-ee
29 another advisory board that has similar quasi judicial powers.
30
131 period-
32 ---- - —_ — —• —__ = _ —__ _—. _--_ - — ___ —
33 - ---- - - :: - - - . . :- : -6 . .
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34 --- _ _ -_- -_ = _ -_= _- _=_ - - _ -_ --=••- _ _
35 _ - e - . -- - = - - = _ ;:a•- .. . - -; - - : - - - - - - -
36 ■ ..... s. A .-. _ .. _ ' - .- - - . e. ee_ . e _ •.. . .•e. .
37 of April following the city's March Commission elections or as soon thereafter as practicable.
38
139 Or 1-2 montia period-.
40 (4) The current term of all board members whom have been a_-----=- _ -- =_ -- --
141 adoption of Chapter 27 shall continue uninterrupted until the expiration of said term.
42
143 (g#) Term limits.
144 (1) No member or alternate member shall be appointed for more than two successive
145 terms (original term, plus one additional term). A member who has been appointed to fill an
46 unexpired term shall remain eligible to serve two full two-year-successive terms.
147 (2) Upon completion of the maximum allowable two full terms of membership, no
48 member or alternate shall be eligible for reappointment to the same advisory board or, d
49 committee for a period of one year unless otherwise approved by the Commission.
50 (ih) Reorganization. In the case of creation of a new board or committee or the
151 reorganization or reconstitution of an advisory board or committee, three members shall be
152 appointed for an initial term of one year, with the balance of the members being appointed
153 for an initial term of two years. Thereafter, all appointments shall be for two years.
54 Sec. 27-3. Frequency of mMeetings.
55 (a) —Unless otherwise stated in Chapter 27, all advisory boards and committees shall meet
56 once a month; provided that meetings may be cancelled by the City Manager or
157 designee. Board or Committee Meetings may be cancelled by the board liaison due to a
58 lack of business or quorum. Special meetings may be called by the city manager or board
59 chairman.
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p.60 (a)(b)All meetings of advisory boards and committees shall be public meetings.
161
162 Sec. 27-4. Absences.
63 (a) Members missing meetings.
64 CO-) When a member of any advisory board or committee that has regularly scheduled
65 meetings once a month, has missed three regular monthly meetings for any reason within any
66 one year period during his or her annual board term, that member will be notified that one
67 additional absence will cause his or her board membership to be terminated. Thereafterforc,
68 the fourth absence within one annual board term shall result in automatic removal from the
i 69 board by ministerial action of the City Clerk, and the member will not be eligible to reapply
70 for any adviser-board or committee for a period of twelve (12) months from the date of the
71 fourth absence.
72 (b2) Those boards or committees that have regularly scheduled meetings more than once
73 a month shall be permitted to have six absences during any one annual board term. _The
74 seventh absence shall result in automatic removal from the board by ministerial action of the
75 City Clerk.
76 (b) Excused absences.
i 77 (1) A board member, to whom which any of the below mentioned instances apply, shall
78 submit in writing to the board chairman, a request for an excused absence or absences. The
79 board chairman shall have the power to excuse an absent board member. In the event the
80 board chairman has excused the absence of one of the board members, the decision must be
81 mentioned on the record at the applicable meeting.
82 (b ) An absence may be excused due to one of the following:
83 a. Personal illness or injury;
84 b. Illness or injury of a family member;
85 ae. Death in the family or;
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86 d. Emergency;
87 be. Maternity leave or
188 f. Military service.
89 Sec. 27-5. Removal; abandonment;vacancy.,
90 (a) All city board members and alternate members serve at the pleasure of the City
191 Commission and may be removed with or without cause at any time by a majority vote of the
192 City Commission, unless otherwise provided by the Charter or Florida Statutes.
93 (b) Notice of removal. A written notice of removal shall be served upon the city board
94 member or alternate member who has been removed Upon the direction of a majority of by
95 the City Commission.The notice of removal shall be prepared by the city attorney and signed
96 by the mayor, or the city manager if so directed by the City Commission.
97 (1) Service of notice.The notice of removal shall be served by personal delivery,electronic
98 mail, -or by ordinary first class mail. Service shall be accomplished as soon as is practicable
199 after the City Commission directs service of the notice of removal or, in the event of
200 abandonment of office, after the city manager or designee issues the notice of removal.
201 (2) Effective date of removals. Removal of a city board member shall have immediate
202 effect upon the vote of a majority of the City Commission.
203 (3) A person who is removed from a city board pursuant to the procedures set forth in
'04 this section shall not be subject to reappointment to any city board for a period of 36 months
'05 from the date of the removal.
'06 (c) Abandonment. In the event of abandonment of office, the notice of removal shalt
'07 automatically be issued by the city manager, or designee. Seven unexcused absences shall
'08 constitute abandonment of a board scat.
'09 Sec. 27-6. (d) Vacancy. The City Commission shall fill any vacancy as soon as practicable
'10 after the vacancy.Where a vacancy is caused by the resignation or removal of a member prior
211 to the expiration of their term, a member shall be appointed to complete the unexpired term
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212 only, unless the unexpired term is for a period of time less than six months in which case
213 that event the appointed member shall then be allowed to serve the following full regular
214 term without reappointment.
215
216 Sec. 27-76. Rules and procedures.
217 (a) Each board or committee may make and adopt priorities, by-laws, rules and regulations
218 for their own guidance and for the government and performance of its duties. Subject to the
219 approval, supervision and control of the City Commission and not inconsistent with law.
220 (b) Boards shall keep minutes of their proceedings; record the vote on each
21 questionmotion; and, keep records of their discussions, recommendations, and other official
222 actions.
23 (c) When a board issues an order, the order must be reviewed by the city attorney's office
24 prior to issuance. An order is rendered when signed by the chair and city clerk.
25 _ (d) All board meetings shall be open to the public.
226
227 Sec. 27-7. Powers.
228 (a) Nothing in this article shall be construed as restricting or curtailing any of the powers
229 of the City Commission, or as a delegation to the board of any of the authority or discretionary
230 powers vested and imposed by law in the City Commission.The City Commission declares that
231 public interest, convenience and welfare requires the appointment of the following boards or
232 committees to act in a purely advisory capacity to the City Commission for the purposes set
233 forth in this article. Any powers delegated here to the board to adopt rules and regulations
234 shall not be construed as a delegation of legislative authority, but purely of administrative
235 authority.
236 (b) (b) No member or alternate member of a board or committee shall receive any pay
237 or compensation for any services rendered as a member of such board.
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'38 (c) A board or committees may acquire by gift or donation, any property related to the
'39 subject matter of the respective board or committee. Any gifts or donations acquired
'40 shall require prior acceptance by the City Manager or designee and shall become the
'41 property of the city, and title of any real property so acquired shall be taken in the name
'42 of the city.
'43 (b) (c) All references to the Planning and Development Board as covered in Chapter 2,Article
'44 I, Section 3 of the City's Land Development Regulations, as amended from time to time,
'45 have no further application to the land development application process. The Planning
'46 and Development Board's review of land development applications are not a
'47 precondition to the City Commission's review and approval of any land development
'48 application.
'49 (c) Each board shall periodically advise the City Commission of its findings with respect to
'50 certain matters delegated to each board and shall make recommendations to the City
'51 Commission on any matter referred to it within 30 days or within such time as prescribed by
'52 the City Commission by specific resolution.
253
254 Sec. 27-8. Quasi-judicial proceedings before city board; procedure for reconsideration of
255 decision.
256 (a) For the purpose of this Chapter, the term quasi-judicial proceeding shall mean hearings
257 before the Historic Preservation Board, the Planning Development Board, ec--the Building
258 Board of Adjustments and Appeals, or the City Commission related to the following specific
259 types of proceedings: variances; rezoning requests; appeals from administrative decisions of
260 the building official or the planning director; master plan approvals; site plan approvals;
261 modifications of site plans; relief from code requirements; conditional use approvals; site plan
262 extensions; abandonment applications; and, other land development matters
63 requiringannounccd as quasi-judicial hearings pursuant to law.
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264 (b) Quasi-judicial hearings shall be conducted in a manner which provides all interested
265 parties with the opportunity to testify, call witnesses, introduce evidence and cross-examine
66 witnesses.An "interested party" means a party to whom mailed notice was required to be sent
67 for the quasi-judicial hearings.
68 (c) Testimony shall be under oath or affirmation. When a proposed development order
269 comes before the City Commission having first been afforded a quasi-judicial hearing before
'70 a city board, the testimony presented, and evidence submitted to a city board constitutes part
'71 of the record of testimony and evidence before the City Commission.Aall documents and
'72 evidence that were submitted, to the board constitute part of the record of the proceeding
'73 before the City Commission and it is presumed that the City Commission accepted and
'74 considered the documents and evidence in its consideration of the issues before the
'75 Commission.
276
77 (dc) No quasi judicial proceeding shall proceed until Pproof of notice of the proceeding, in
78 affidavit form, must behas been filed with the office of the city clerk prior to the hearing. Proof
279 of notice must include the name and address of each property owner to whom notice was
280 mailed and a photograph of each sign posted, as hereinafter required. The following notices
281 must be paid for and provided by the applicant:
282 (1) All property owners, homeowner associations, and condominium associations that
283 own property within 400 feet of the boundary line of the property which is the subject of the
284 quasi-judicial hearing shall be mailed, by first class mail, a notice of hearing postmarked no
285 less than 10 calendar days prior to the hearing.
286 (2) One sign for each street frontage of the property shall be posted no less than 10 days
287 prior to the hearing. The sign shall be legible from a distance of 100 feet and shall contain a
288 description of the approval being sought, the date, time and location of the hearing, and a
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289 statement that the application being considered is available for inspection in the Development
290 Department of the city.
291 (3) When a quasi-judicial hearing is tabled or continued at the request of an applicant,
292 re-notice of the hearing shall be provided by the applicant in the same manner as original
93 notice; provided that if the item is tabled or continued by a motion of a board or City
94 Commission at a properly noticed hearing to a date and time certain, re-notice is not required.
95 A matter may only be tabled or continued one time without re-noticing the item.
296 (d) The City Commission may reconsider its decision arising from a quasi-judicial
297 proceeding only upon a motion to reconsider made at the meeting at which the decision was
298 rendered or during the next regular City Commission meeting. No quasi-judicial decision shall
299 be considered final until the conclusion of the next City Commission meeting, or if a motion
300 to reconsider has been made and passes, the conclusion of the reconsideration of the matter,
301 and the entry of a written order approved by the City Attorney and signed by the City Clerk.
302 (1) When a motion for reconsideration is made and approved at the Commission meeting
303 at which the decision was rendered, the Commission may immediately reconsider the matter
304 before them or, the Commission may reconsider the matter at a later time certain which shall
p05 be announced, at the meeting, to the applicant and the public in which case neo additional
306 notice of the matter shall be necessary.
307 (2) When a motion for reconsideration is made following the close of the Commission
308 meeting at which the decision is made, only the motion to reconsider shall be heard at the
309 next regular City Commission meeting. If the motion to reconsider is adopted by the
310 Commission, the matter which is the subject of the motion to reconsider shall be placed on
311 the next regular City Commission meeting agenda. The agenda item shall be noticed in the
12 same manner as the notice provided when the item was originally considered at the applicant's
13 cost.
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1314 (3e) Any board may reconsider its decision arising from a quasi-judicial proceeding only
315 upon a motion to reconsider at the meeting at which the decision was rendered.
316 Sec. 27-9. Boards and committees to follow CCNA.
317 Any city boards or committees and the like which have purchasing authority independent
318 of the City Commission, the purchases of such bodies which are subject to the Consultants'
319 Competitive Negotiation Act ("CCNA") shall be processed in accordance herewith; however,
320 the board or committee, or the like will itself perform the functions set forth herein that are
321 otherwise applicable to the City Commission.
322 Secs. 27-10-27-19. Reserved.
323
324 ARTICLE II. BOYNTON BEACH ART ADVISORY BOARD
325 Sec. 27-20. Membership.
26 Appointees to the Art Advisory Board shall be electors and residents of the City, or owners of
:27 businesses located within the City owners,preferably with a majority of members (four out of
:28 7) having the following background: artist, art volunteer/activist; planner; private developer;
:29 architect; or neighborhood association member; _interested citizen: No more than two (2) of
:30 the members may be owners of businesses located in the City who do not reside in the City.
:31 Eligible residents and business owners may be appointed to the Art Advisory Board if the
;32 majority of membership meets the background criteria listed above.
:33
;34 Sec. 27 23. Art Advisory Board meetings.
;35 (a) The Art Advisory Board shall meet at an appropriate place and shall arrange a time for
;36 holding regular meetings of the Art Advisory Board, and for such other meetings as shall be
:38 deem necessary and determine the duties of its members and officers.
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39 _ - - _ - - _ . • • - - = -- - . - - - - - - - - _ . •- _ •- • -
40 - _- - - . •' e - - • - ' e •.
341
342 Sec. 27-24. Purpose and duties.
343 (a) The purpose of the Art Advisory Board is to advise the City Commission on matters
344 related to the arts, to develop a plan and programs to promote and support art in public
345 places, and to recommend guidelines and funding for implementation. It shall be the duty of
346 the Art Advisory Board to act as an advisory board to the City Commission in providing advice
347 on matters relating to the visual arts.
348 (b) The Art Advisory Board may recommend funding sources including private sources and
349 grant funds; encourage public and private partnerships in the arts; review and make
350 recommendations on proposals for art work for public buildings and public spaces;encourage
351 the flow of art into the city; stimulate art related activities and events; study issues related to
352 art and implement art programs as delegated to it by the City's Commission from time to time.
353 (c) On a monthly basis, Tthe Art Advisory Board shall ply-update and advise the
354 City Commission of its findings or proposals with respect to the foregoing issues, as well as
355 any actions taken with respect to the Art in Public Places, and make recommendations to the
356 City Commission on any matter referred to it within as much time prescribed by the City
357 Commission.
358 (d) The Art Advisory Board shall have the following additional powers and duties:
$59 (1) Recommend to the City Commission adoption of Art in Public Places Program
360 Guidelines and amendments thereto;
361 (2) Recommend to the City Commission adoption of a Public Art Master Plan identifying
362 locations for public artworks and establishing a priority order;
363 (3) Recommend to the City Commission authorization of expenditures for maintaining
364 and implementing the Art in Public Places Program;
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365 (4) Recommend to the City Commission other expenditures of the Public Art Fund such
:66 as hiring staff and services to run the Art in Public Places Program;
:67 (5) Advance, through education and communication, the Art in Public Places Program
:68 (0_4) _Exercise their authority to aApprove, approve with conditions or disapprove proposed
:69 installation of artwork, including murals, to be installed pursuant to the City's Art in Public
:70 Places Program that is produced by a Florida based artist, with a preference for artists located
:71 in Palm Beach County, based on criteria in the Art in Public Places Program Guidelines. In
:72 addition, prior to taking action pursuant to this sub-section, the Art Advisory Board shall
:73 consider public input at a duly noticed public meeting. The Art Advisory Board's action taken
:74 pursuant to this sub-section shall be subject to the right of either the Mayor or a City
:75 Commissioner to file a notice of appeal regarding the action taken by the Art Advisory Board
:76 pursuant to this sub-section. The notice of appeal shall be filed no later than thirty (30) days
:77 following the date of the Art Advisory Board's action. In the event a notice of appeal is filed,
:78 the appeal shall be placed on the next City Commission agenda for consideration by the City
:79 Commission at a duly noticed public meeting, and the City Commission's consideration may
:80 include either affirming, affirming with conditions, or overturning the action of the Art
:81 Advisory Board.;an4
:82 (6) Advance, through education and communication, the Art in Public Places Program
:83 Guidelines. The guidelines are attached to Ord. No. 05 060 as Exhibit "A".
384 Secs. 27-28-27-32. Reserved.
385
1386 ARTICLE III. BOYNTON BEACH LIBRARY ADVISORY BOARD
387 Sec. 27-33. Purpose and duties.
388 Subject to the control and direction of the City Commission, the Library Board:
1389 (1) Shall act in an advisory capacity (non administrative) to the City Commission, to assure
390 representation of the ideas of citizens and taxpayers of the city relative to the function and
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391 operation of municipal libraries and reading rooms in the city, and such advisory assistance
392 shall include, but not be limited to, recommendations relative to control of expenditures of
393 moneys collected or donated to the credit of any municipal library in this city, and the
394 supervision, care and custody of the grounds, rooms, property and buildings constructed,
395 leased or set aside for municipal library purposes.
:96 - . - _ ...- -- - - •- . --- - .._. - - - - - - • - - - . -
:97 and their respective rates of compensation; establish regulations for the government and
:98 control of any municipal library as may be deemed necessary for its preservation and to
:99 maintain its usefulness and efficiency;fix and impose by general rules, penalties and forfeitures
'00 for failure to return any book or for violation of any by laws or regulations of the board.
'01 (3) Shall annually in an advisory capacity assist the city manager in preparing a budget for
'02 the maintenance and expansion of municipal library facilities.
'03 (42) Shall keep records, inventories and accounts, budgetary or otherwise, of all of the
'04 activities of the board and the municipal library system and make reports to the city manager
'05 a -the City Commission relative to the activities of the board and the municipal library
'06 systemthereto as requested to do so by the City Commission.
407 Secs. 27-34 - 27-38. Reserved.
408
1109 ARTICLE IV. RECREATION AND PARKS AND RECREATION ADVISORY BOARD
410 Sec. 27-39. Powers and duties.
411 Subject to the control and direction of the City Commission, the Parks and Recreation
12 Advisory Board:
13 (1) Shall act in an advisory capacity (non administrative) to the Recreation and Parks
414 Department, to assure representation of ideas of citizens who are interested in promoting
415 better recreation and park facilities and programs for the city. Such advice shall include but
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416 not be limited to site locations, development, supervision and maintenance of public
417 recreation and parks of the city.
18 (2) _May acquire by gift or donation, any property for public recreation or park purposes.
19 Any gifts or donations acquired shall go through the Recreation and Parks Department and
20 shall become the property of the city, and title of any real property so acquired shall be taken
21 in the name of the city.
422 (3) Shall make recommendations to the city manager and City Commission, through the
23 Recreation and Parks Director, concerning_
24 a. the purchase of property by the city for public recreation and park purposes.,
25 b concerning the establishment, maintenance, and supervision of public
26 recreation and parks, and,.
27 a:c. concerning expenditures of the recreational and park fund hereinafter
428 established.
'29 (4) Shall keep records and accounts of all the activities of the Board and make reports
'30 through the Recreation and Parks Department to the City Commission and city manager
'31 whenever requested to do so.
'32 _ (5) In exercising their powers and performing their duties as specified in this article, the
'33 ==. - . . • --- . ---•: • • - • ---- - .-e -- - -- :e. - • - - - -
'34 sign all papers and documents requiring the signature of the Recreation and Parks Board.
435 Secs. 27-40 - 27-44. Reserved.
436
437 ARTICLE V. SENIOR ADVISORY BOARD
38 Sec. 27 45. Meetings.
39 The board shall meet quarterly on an "as needed" basis for the transaction of business. Its
40 meetings shall be open to the public.
441 Sec. 27-46. Purpose and duties.
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'42 Subject to the control and direction of the City Commission, the Senior Advisory Board shall:
'43 The Senior Advisory Board shall assist the elderly in:
'44 (1) —Act in an advisory capacity to the City Commission, to assure representation of ideas of
'45 citizens who are interested in promoting better senior resources and programs for the
'46 city.
'47 (2) Assist with the coordination of Gprograms and/or services for seniors, through the
'48 Recreation and Parks Director or designee, in partnership with the Boynton Beach Senior
'49 Center.
'50 {1) _ - • - - - - - . - -- - - - -- - -- - - - ' - - - •- - - -
'51 the homebound;
'52 {2) Seeking federal and state grants to provide for services;
'53 (3) Monitor and lobby for legislation regarding the elderly;
'54 (4) Make arrangements for the medical mobile unit already in operation in Palm Beach
'55 County to bring it to the City of Boynton Beach;
'56 (5) Provide a pamphlet of available programs for seniors;
'57 (6) Provide a speakers bureau, workshops and educational meetings on topics of interest
'58 for seniors;
'59 (7) Recommend free legal programs and banking services for the homebound;
'60 (8) Provide recreation and social programs.
461 Secs. 27-47 - 27-51. Reserved.
462
463 ARTICLE VI. EDUCATION AND YOUTH ADVISORY BOARD
464 Sec. 27-52. Created.
465 The City Commission, in accordance with the powers vested in it, merged the Children and
466 Youth Advisory Board and the Education Advisory Board and established the Education and
467 Youth Advisory Board. All powers, duties, and responsibilities of the Education Advisory Board
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468 shall survive and be deemed merged and consolidated with the powers, duties and
469 responsibilities of the Children and Youth Advisory Board.All previous actions of the Education
470 Advisory Board shall survive this consolidation unless specifically revoked by the Children and
471 Youth Advisory Board.
#72 Sec. 27-53. Membership.
11473 The Education and Youth Advisory Board shall comprise seven permanent members, two
474 alternate members and three student members. The three student members shall be
75 appointed for a period of one year. A liaison from the Palm Beach County School District shall
76 be asked to serve on the board as an ex-officio board member concurrent with board member
77 terms.
478 Sec. 27-54. Purpose and duties.
'79 Subject to the control and direction of the City Commission, tThe Education and Youth
'80 Advisory Board shall assist the city and local schools in:
'81 (1) Development of programs that promote ongoing relationships with caring adults and
'82 the recruitment of volunteers to assist students before, during and after school.Serving as a
'83 liaison between the Palm Beach County School District, Boynton Beach schools and the city.
'84 e . . - e e•,.. ..-* - - - - -- . . .. - - - .. . - .. - - -- ' -
'85 the community by involving parents, the business community, civic and neighborhood
'86 organizations, including volunteer recruiting for before and after local school programs.
'87 (23) Contacting community groups and businesses within the geographical boundaries of
488 Boynton Beach for professional skills, materials, financial or education support for the schools
489 and with the purpose of implementing programs at local schools that benefit students from
490 Pre- K through grades and vocational schools.
91 41) Development of incentives and enhancements to encourage the development of safe
92 places, including improved playgrounds at or near local schools and structured activities
93 during non school hours.
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94 (5) Coordinating with city's parks and recreation department to improve playgrounds at or
95 near local schools.
96 (36) Identification and dissemination of information on local, county, state and federal
497 programs that provide beneficial services to children and their families.
11198 (47) Developing strategies for communicating with the School Board of Palm Beach County
499 and its staff, advising the City Commission as to the activities of the School Board, and other
500 federal, state and local legislative bodies which affect the needs of students, within the city.
01 (58) Developing recommendations to the City Commission for forwarding to the School
502 Board of Palm Beach County regarding actions which may be taken in support of schools in
503 Boynton Beach and with respect to proposed legislation at the state level.
.04 (69) Developingment of child and youth advocacy programs.
.05 (10) Developing public relations that highlight successful programs within the schools to
.06 help improve their image in conjunction with local media.
.07 (11) Coordinating with the local police department to improve safety for students before,
.08 during and after school, and to promote and enhance the relationship between children and
.09 local police.
510 Secs. 27-55 - 27-59. Reserved.
511
.12 ARTICLE VII. PLANNING AND DEVELOPMENT BOARD
.13 Sec. 27 60. Membership.
•14 (a) In appointing members to the Planning and Development Board, the City Commission
.15 shall give preference, when possible, to resident professionals such as urban planners,
.16 developers, realtors, and design professionals licensed in the disciplines of architecture,
.17 landscape architecture, and civil engineering.
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.18 (b) Should a member of the Planning and Development Board move outside the city limits,
.19 -- ••-- . - - - - -- - - - ••-• _ _ . .._ - _ _
.20 Commission.
.21 Sec. 27 61. Functions, powers, and duties.
.22 The Planning and Development Board shall act in an advisory capacity to the City
.23 Commission by conducting -investigations and holding public h wrings regarding the
.24 following:
.25 (1) Ordinances, regulations, and other proposals promoting orderly development along
.26 lines indicated as desirable by the Comprehensive Plan;
.27 (2) Proposed developments and determination of conformance to the principles and
.28 _ .' -•--. _ _ _ _... • . - - - - . _ _ ... -- - - -
.29 (3) Changes or amendments relating to the boundaries of the city, its zoning districts, or
.30 future land use map classifications;
.31 (4) Changes or amendments to the text of the Comprehensive Plan.
.32 '1 or Land Development Regulations;
.33 _ - - - - - - - - - - - - - •-
.34 preparation or accomplishment of the plan;
.35 (76) Project designs, aesthetics, quality, and impact upon the value of property and the
.36 physical environment of the City; and
.37 (87) The promotion of sustainable development activities.
.38
.39 Sec. 27 62 Meetings.
.40 •- ' . • - _ . .- . _ _••-• :oard shall meet on the fourth Tuesday of each-month
.41 unless otherwise rescheduled in connection with holidays, planned absences, or at other such
.42 times as the chairperson may determine.
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.43 (1) On behalf of the board, the City Clerk shall keep minutes of its proceedings, showing
.44 the vote of each member on each question, or if absent or abstaining, indicating such fact.
.45 2 (2) No member shall abstain from voting unless he or she has a conflict of interest
.46 pursuant to the provisions contained herein or in accordance with F.S. Chapter 112.
.47 (3) The records of the board shall be filed in the office of the City Clerk and shall be public
.48 records.
.49 Sec. 27 63. Review of applications.
.50 Staff shall review each of the following types of applications and requests and make a
.51 recommendation to the Planning and Development Board, who shall have the authority and
.52 duty to hear and make recommendations to the City Commission:
.53 (1) Annexation;
.54 (2) Comprehensive Plan amendments;
.55 (3) Conditional use; rezoning;
.56 {4) Master Plan (new);
.57 (5) Major Master Plan modification;
.58 (6) Site Plan;
.59 (7) Site Plan time extension;
.60 (8) Major Site Plan modification;
.61 (9) Vacation and abandonment;
62 (10) Master Site Plan (new);
63 (11) Major Master Site Plan modification;
.64 (12) Use approval; Waiver (in PID);
.65 (13) Community Design Appeal;
.66 (14) Height exception;
.67 (15) Variance to Land Development Regulations; and,
.68 (16) Wireless communication facilities (WCF).
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•69
.70 Sec. 27 64. Action.
•71 No action of the Planning and Development Board shall be considered a final action of the
.72 city until ratified by the City Commission. The procedure for ratification shall be as follows:
.73 (1) All matters which have been reviewed and acted on by the Board shall be summarized
.74 in writing as a proposed development order. The form of the proposed development order
.75 shall be approved by the City Attorney,
.76 (2) All proposed development orders shall be submitted to the City Commission at a
.77 regular City Commission meeting following action by the board. When a legislative item, such
.78 as a land use amendment, is consolidated with a quasi judicial item, such as a rezoning, both
.79 items shall proceed using the quasi judicial process, but consolidation shall not alter the legal
.80 standard for review, or the burden of proof.
.81 (3) The City Commission may table a proposed development order to ensure that proper
.82 notice and opportunity to be heard is provided to the applicant, the public, and any other
•84 -_ :: — —'_: _--_ • - —_ --_ — ---- --_ --_ — _ - _• _—_ _ — --=
.85 Commission and it is presumed that the City Commission accepted and considered the
.87 (4) Following approval of a development order by the City Commission, the city clerk shall
.88 date and sign athe development order and issue it as a final order.
.89
.90 Sec. 27 65. Terms and definitions.
.91 See Part Ill, "Land Development Regulations", Chapter I, "General Administration", Article II,
.92 _ . __ ._ - - •• - - - - - - - - - - - - - - - - --.93 contained herein.
594 Secs. 27-66 - 27-71. Reserved.
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595
p96 ARTICLE VIII. HISTORIC RESOURCES PRESERVATION ADVISORY BOARD
597 Sec. 27-72. Membership.
p98 (1) Where po cible, aA minimum of two members shall be chosen from among the
599 disciplines of architecture, history, architectural history, archaeology, landscape
ts00 architecture or planning.
601 (44(2) A minimum of three additional members of the board shall be experienced in
602 the areas of commercial development, real estate, banking or law. The two remaining
603 members shall be citizen members at large.
•04 (34) All members shall have demonstrated a special interest, experience or knowledge in
11605 historic preservation or closely related disciplines.
i06 (42) Persons serving on the board are encouraged to attend educational meetings or
607 workshops to develop a special interest, expertise, experience or knowledge in preservation,
608 architecture, or quasi-judicial boards.
09 Sec. 27-73 (3). Historic Preservation Planner.
10 —The city may appoint a professionally qualified historic preservation planner to advise and
611 assist the board, carry out delegated responsibilities, and undertake the requirements for
612 certified local government certification.
613
614
615
•16 Sec. 27-743. Meetings.
617 The board shall hold a minimum of four meetings per year at regular intervals. All meetings
618 of the board shall be publicly announced and will have a previously advertised agenda. The
619 meetings shall be open to the public.
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.20 (1) On behalf of the board, the City Clerk shall keep minutes of its proceedings, showing
.21 the vote of each member on each question, or if absent or abstaining, indicating such
.22 fact.
.23 (2) The records of the board shall be filed in the office of the City Clerk and shall be public
.24 records.
.25 (3) Should a meeting be cancelled due to a lack of quorum, the Board liaison may elect to
.26 move items to the City Commission for the required public hearings without a
.27 recommendation of the board.
.28 _(1) Planning and Zoning staff shall attend all meetings, acting in an advisory capacity and
.29 participating fully in board discussions, but having no right to vote.
.30 (2) Summary minutes will be prepared and made available to the public after adoption by
.31 the board.
.32 Sec. 27-754. Powers and duties.
633 The board shall have the following powers and duties within the incorporated city limits of
634 Boynton Beach, Florida:
635 (1) The Historic Resources Preservation Board shall act in an advisory capacity to the City
636 Commission and shall provide recommendations to the City Commission regarding the
637 following:
638 a. Nomination of properties and districts to the National Register of Historic Places, as a
639 required duty of being a certified local government.
640 b. Nominations of properties and districts to the Boynton Beach Register of Historic
641 Places.
642 c. Adoption, modification, or replacement of a Design Guidelines Handbook.
643 (2) To hold public hearings and to approve or deny applications for certificates of
644 appropriateness or certificates of economic hardship affecting proposed or designated
645 properties or properties within districts;
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646 (3) To advise and assist owners of properties on physical and financial aspects of
647 preservation, renovation, rehabilitation and reuse, and on procedures for inclusion in the
648 National Register of Historic Places;
.49 (1) To call upon available city staff members as well as other experts for assistance and/or
.50 technical advice;
.51 (5) To authorize a member of the board to testify before a board or committee on any
.52 matter affecting historically, culturally, archaeologically, and architecturally significant
.53 properties and resources;
654 (6) To confer recognition upon the owners of properties and districts by means of
655 certificates, plaques or markers;
(7) To recommend amendments or changes to these regulations;
657 (8) To inform and educate the citizens of the city concerning the historic, cultural,
658 archaeological, and architectural heritage of the city; and
659 (9) To participate in survey and planning activities of the certified local government; and
660 (10) To coordinate with the State of Florida's Division of Historical Resources Certified Local
661 Government Program by satisfying the following requirements:
662 a. The State Historic Preservation Officer shall be given 30 calendar days prior notice of
663 all meetings and within 30 days following such meetings shall be provided with the minutes
664 and record of attendance of the Historic Resources Preservation Board and the public.
665 b. The State Historic Preservation Officer shall be notified of any change of Historic
666 Resources Preservation Board members within 30 days of their appointment.
667 c. Notify the State Historic Preservation Officer immediately of all new historic
668 designations or alterations to existing designations.
669 d. Submit amendments to the ordinance to the State Historic Preservation Officer for
670 review and comment at least 30 days prior to adoption.
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671 e. Submit an annual report by March 1 covering activities of the previous October 1
672 through September 30 and shall include the following information:
673 1. A copy of the Rules of Procedure;
674 2. A copy of the Historic Preservation Ordinance;
675 3. Resumes of the Historic Resources Preservation Board members;
676 4. Changes to the Historic Resources Preservation Board membership;
677 5. New local designations and National Register listings;
678 6. A review of survey and inventory activity with a description of the system used;
679 7. A program report on each grant-assisted activity; and
680 8. Number of projects reviewed.
81 (11) To undertake any other actions or activity necessary or appropriate to the
82 implementation of its powers and duties or to implementation of the purpose of these
83
684 Secs. 27-75 - 27-79. Reserved.
685
686 ARTICLE IX. BUILDING BOARD OF ADJUSTMENTS AND APPEALS
.87 Sec. 27-80 . Membership.
.88 Board members shall be composed of individuals with knowledge and experience in the
.89 technical codes to include, to the greatest extent possible, an architect, engineer, general
.90 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other
.91 contractor licensed category. In addition to the regular members, there should be two
.92 alternate members, one member with the qualifications referenced above and one member
.93 at large from the public.
.94 Sec. 27-81—. Meetings.
.95 The Building Board of Adjustment and aAppeals shall meet on an "as needed" basis as appeals
.96 are brought forward.
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97
698 Sec. 27-80. Powers and duties.
(a) —Pursuant to F.S. § 553.80, as may be amended, the Florida Building Code, and the
700 Boynton Beach Administrative Amendments of the Florida Building Code, the Building
701 Board of Adjustments and Appeals shall have the power, as further defined in Section
702 113.4, of the Boynton Beach Administrative Amendments of the Florida Building Code,
'03 to hear appeals of decisions and interpretations of the building official pursuant to Sec.
'04 27-83 through 27-85, and consider variances of the Florida Building Code and other
'05 technical codes pursuant to Sec.27-86 through 27-87. See Boynton Beach Administrative
'06 Amendments to the Florida Building Code 6th Edition (2017).
'07 (b) The owner of a building, structure, or service system, or duly authorized agent may
'08 appeal a decision of the building official or the floodplain administrator, as applicable,
'09 in his or her enforcement or administration of Chapter 4,Article IX, Building, Construction
'10 and Historic Preservation Requirements; Chapter 4, Article X, Flood Prevention
'11 Requirements; or whenever any one of the following conditions are claimed to exist:
'12 la. The building official or the floodplain administrator, as applicable, rejected or
'13 refused to approve the mode or manner of construction proposed to be followed or materials
'14 to be used in the installation or alteration of a building, structure, or service system;
'15 2b. The provisions of the city's current edition of the Administrative Amendments to
'16 the Florida Building Code do not apply to this specific case;
'17 E3. That an equally good or more desirable form of installation can be employed in a
'18 specific case; or
'19 44. The true intent and meaning of the city's current edition of the Administrative
'20 Amendments to the Florida Building Code have been misconstrued or incorrectly interpreted.
'21 e5. An application made by the owner or tenant of a property which operates as a
'22 group home is denied. The Building Board of Adjustments and Appeals shall convene within
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'23 30 calendar days of the date that a written appeal is filed with the city. If the Building Board
'24 of Adjustments and Appeals is unable to convene within 30 days, the appeal may be heard by
'25 the city's magistrate and the matter will be added to the agenda of the next available code
'26 enforcement hearing date.
'27
'28 (c) The Building Board of Adjustments and Appeals shall hear appeals of determinations of
'29 the building official as provided in Sec. 27-83.
'30 (d) The Building Board of Adjustments and Appeals shall hear applications for variances
'31 pursuant to Sec. 27-86 and 27-87.
732
733 Sec. 27-81. Secretary of board.
734 The building official or his/her authorized representative shall act as secretary of the board
735 and shall make a record of all of its proceedings, which shall set forth the reasons for its
736 decision, the vote of each member, the absence of a member, and any failure of a member to
737 vote.
738
'39 Sec. 27 82. Membership.
'40 Board members shall be composed of individuals with knowledge and experience in the
'41 technical codes to include, to the greatest extent possible, an architect, engineer, general
'42 contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other
'43 contractor licensed category. In addition to the regular members, there should be two
'44 alternate members, one member with the qualifications referenced above and one member
'45 at large from the public.
746
1747 Sec. 27-83. Appeals of decisions of building official.
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48 Decision of the building official. The owner of a building, structure or service system, or duly
749 authorized agent, may appeal a decision of the building official to the Building Board of
750 Adjustments and Appeals whenever any one of the following conditions are claimed to exist:
751 (1) The building official rejected or refused to approve the mode or manner of construction
752 proposed to be followed or materials to be used in the installation or alteration of a building,
753 structure or service system.
754 (2) The provisions of this code do not apply to this specific case.
755 (3) That an equally good or more desirable form of installation can be employed in any
756 specific case, which the building official has rejected or refused.
757 4 (4) The true intent and meaning of this code or any of the regulations hereunder
758 have been misconstrued or incorrectly interpreted.
759 5
'60 Sec. 27-846. Notice of appeal of a decision of building official.
'61 Notice of appeal shall be in writing and filed within 30 calendar days after the building official
'62 renders the decision. Appeals shall be in a form acceptable to the building official.
'63
'64 Sec. 27-857k. Unsafe or dangerous buildings or service systems.
'65 In the case of a building, structure or service system, which in the opinion of the building
'66 official, is unsafe, unsanitary or dangerous,the building official may, in the order, limit the time
'67 for such appeals to a shorter period.
768
1769 Sec. 27-864. Variances.
770 The Building Board of Adjustments and Appeals, when upon written request, has been so
771 appealed to and after a hearing, may vary the application of any provision of this code to any
772 particular case when, in its opinion, the enforcement thereof would do manifest injustice and
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773 would be contrary to the spirit and purpose of this or the technical codes or public interest,
774 and also finds all of the following:
775 (a) That special conditions and circumstances exist which are peculiar to the building,
776 structure or service system involved and which are not applicable to others.
777 (b) That the special conditions and circumstances do not result from the action or inaction
778 of the applicant.
779 (c) That granting the variance requested will not confer on the applicant any special
780 privilege that is denied by this code to other buildings, structures or service system.
781 (d) That the variance granted is the minimum variance that will make possible the
782 reasonable use of the building, structure or service system.
783 (e) That the grant of the variance will be in harmony with the general intent and purpose
784 of this code and will not be detrimental to the public health, safety and general welfare.
785
786
787 Sec. 27-85. Conditions of the variance.
788 In granting the variance, the board may prescribe a reasonable time limit within which the
789 action for which the variance is required shall be commenced or completed or both. In
790 addition, the board may prescribe appropriate conditions and safeguards in conformity with
791 this code. Violation of the conditions of a variance shall be deemed a violation of this code.
'92 Sec. 27 86. Notice of appeal.
'93 Vief appe dys,=a+ter=t44c f
'94
'95
'96 --- ' —_ -:-__ _ :_ -:_= _ _ -_- - .
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97 •- - - . -• - .• . . .• . .- ee • e• e •..
98 effieial, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time
99 for such appeials to a shorter period.
800
801 Sec. 27-88. Procedures.
802 (a) Rules and regulations. The board shall establish rules and regulations for its own
03 procedure not inconsistent with the provisions of this code. The board shall meet on call of
04 the chairman, subsequent to upon a request to call a meeting by the secretary; provided that
05 T the board shall meet within 30 calendar days after a notice of appeal has been received
06 pursuant to Sec. 27-84.
807 (1) Rules of evidence. Formal rules of evidence shall not apply, but fundamental due
808 process should be observed and govern the proceedings. Upon determination by the
809 chairman, irrelevant, immaterial or unduly repetitious evidence may be excluded, but all other
810 evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of
811 their affairs shall be admissible, whether or not such evidence would be admissible in a trial in
812 the courts of Florida. Any part of the evidence may be received in written form.The board may
813 request certain evidence from the petitioner to be provided by an architect or engineer
814 registered in the State of Florida, in which case, said evidence shall be signed, sealed, and
815 dated.
816 (2) Testimony. Any member of the board or the attorney representing the board may
817 inquire of, or question, any witness before the board.Any member of the board,the petitioner
818 or his or her attorney, and/or the building official shall be permitted to inquire of any witness
819 before the board. The board may consider testimony presented by the building official, the
820 petitioner, or any other witness.
821 (b) Decisions. The Building Board of Adjustments and Appeals shall, in every case, reach a
822 decision without unreasonable or unnecessary delay. Each decision of the board shall also
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823 include the reasons for the decision. If a decision of the board reverses or modifies a refusal,
824 order, or disallowance of the building official or varies the application of any provision of this
825 code,the building official shall immediately take action in accordance with such decision. Every
826 decision shall be promptly filed in writing in the office of the building official and shall be open
827 to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the
828 appellant and a copy shall be kept publicly posted in the office of the building official for two
829 weeks after filing. Every decision of the board shall be final; subject however to such remedy
830 as any aggrieved party might have at law or in equity. Appeals of decisions by the Building
831 Board of Adjustments and Appeals may be taken by any aggrieved party affected by a board
832 decision.
833
i334 (c) Local Construction Regulation Board. The City Commissionlecal government may also
835 utilize this board to convene as the Local Construction Regulation Board (LCRB), as provided
836 in F.S. § 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified
837 contractor to obtain a building permit or permit with specific conditions, if the LCRB has found
838 such contractor, through public hearing, to be guilty of fraud or a willful building code
839 violation within the county or municipality that the LCRB represents.The LCRB may also, deny,
840 suspend, revoke or limit the authority of a certified contractor to obtain a building permit or
841 permit with specific conditions, if it has proof through the public hearing process, that a
842 contractor has been found guilty in another county or municipality within the past 12 months,
843 of fraud or a willful building code violation and after providing notice of an opportunity to be
844 heard to the contractor, finds that such fraud or violation would have been fraud or a violation
845 if committed in the county or municipality that the LCRB represents. Notification of and
846 information concerning such permit denial shall be submitted to the division within 15 days
847 after the LCRB decides to deny the permit.
1348 Sec. 27-89 Withdrawal or denial of appeal.
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:49 (a) Refiling after denial. Upon denial of an application for relief hereunder, in whole or in
:50 part, a period of one year must elapse prior to the filing of a subsequent application affecting
:51 the same property or any portion thereof.
:52 (b) Refiling after withdrawal. with prejudice. Upon the withdrawal of an application, in
:53 whole or in part, a period of six months must elapse prior to the filing of a subsequent
:54 application affecting the same property or any portion thereof, unless, however, the decision
:55 of the applicable advisory board is without prejudice; and provided that the period of
:56 limitation shall be increased to a two-year waiting period in the event such an application, in
:57 whole or in part, has been twice or more denied or withdrawn.
:58 (c) Refiling after withdrawal without prejudice. An application may be withdrawn without
:59 prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing
:60 and executed in a manner and on a form prescribed by the City Clerk and filed with the City
:61 Clerk at least one week prior to any hearing scheduled concerning the application. When an
:62 application is timely withdrawn, it can be re-filed at any time. If an application is not timely
:63 withdrawn, the time limitation on re-application in subsection (a) applies. No application may
:64 be withdrawn after final action has been taken.
865
i366 Sec. 27-8 90. City Commission.
867 (a) Local Planning Agency. The City Commission is hereby designated as the city's local
868 planning agency to act on behalf of the city under the terms and provisions of the Local
869 Government Comprehensive Planning Act, having the general responsibility for overseeing a
870 comprehensive planning program and the preparation and amendment of the Comprehensive
871 Plan or elements or portions thereof applicable to the areas under the jurisdiction of the city
72 as provided in said Act. Pursuant to Sec, 163.3174, Florida Statutes, all applications for
73 comprehensive plan amendments and rezonings that would, if approved, increase residential
74 density on the property that is the subject of the applications shall be provided to the Palm
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:75 Beach County School District. Should the City be advised that a representative of the Palm
:76 Beach County School District intends to attend the City Commission meeting at which the
:77 application will be considered by the local planning agency, that representative shall be
:78 considered a non-voting member of the local planning agency.
:79 (b) Finality and review. All decisions of the Planning and Development Board shall be
:80 advisory to the City Commission. The decision of the City Commission is final. Once final, a
:81 decision may be reviewed as provided by law. by the filing of a petition for writ of certiorari
:82 in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in
:83 accordance with the procedure and within the time provided by court rule and such time shall
:84 commence to run from the date of the decision sought to be reviewed.
:85 Secs 27-1091 - 27-94. Reserved.
886
887 ARTICLE X. APPEALS
888 Sec. 27-95. Administrative official.
889 (a) Eligibility. Appeals of a decision of an administrative official may be taken by any person
890 aggrieved, or by any officer, board, or bureau of the governing body affected by any decision
891 of an administrative official under any ordinance enacted pursuant to the land development
892 regulations.
:93 (b) Filing. Appeals of a decision of an administrative official under this article, excluding the
:94 building official, shall be filed within 15 calendar days after receipt fefid-itien-of the order,
:95 requirement, decision, or determination made by the administrative official by the affected
:96 party. For appeals of a decision made by the building official, the notice of appeal shall be in
:97 writing and filed within 30 calendar days after such decision is rendered. When necessary, a
898 current certified survey and a fee as adopted by resolution of the City Commission, plans,
899 drawings, documents and/or other material constituting the record upon which the action was
900 taken shall be collected by the administrative official and, together with the completed appeal,
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901 forwarded to the City Commissionappropriate appeal board for placement on the City
902 Commission'sbeaFers next available agenda.
903 (c) Stay of work. Upon posting of acceptable surety (see Chapter 2, Article Ill, Section 6) by
904 the appellant in an amount equal to 110% of the potential costs of delays and damages as
905 certified by a design professional, all work on the premises and all proceedings in furtherance
906 of the action appealed will be stayed, unless the administrative official from whom the appeal
907 was taken, certifies that by reason of facts stated in the certificate, a stay would cause imminent
908 peril of life or property. In such case, proceedings or work shall not be stayed except by a
1)09 restraining order which may be unless granted by the board or by a court of record on
910 application, on notice to the officer from whom the appeal is taken and on due cause shown.
:11 (d) Assignment of appeals. The City Commission or the Building Board of Adjustments and
:12 Appeals shall review all appeals. The assignment of each is as follows:
:13 (1) City Commission. The City Commission shall hear and decide all appeals regarding
:14 the administration, interpretation, or enforcement of a decision of an administrative official of
:15 any standard, provision, or regulation contained in the land development regulations, except
:16 - - - - -
:17 (2) Building Board of Adjustments and Appeals. The owner of a building, structure, or
;18 -• - -.. . - -. _. -. = .- .- .... . .-
.19 :::. . - .. - - . : • - -- -- : -•--- - -
:20 1, Articic IX, Building, Constrtetien and Historic Preservation Requirements; Chapter 1, Article
:21 e e e - -• ... i -. _• -••-. ; e .-.- ?. e.- e ■- e .... .e e•e. .e• _
122 t. st:
:23 •- e_' e'•e e _ e •e. . : . _e*•.a. _ . , _ _ e - - -e _ - _ -e
:24 e _ ee e - .- .....- . .._ ..- . .. _ .e• . ee, -.e e e- . e .. -. _ ••_ - •_ .
:25 : - • - - - . - _ . _ , -, : - -
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26 a a - e e . 'e• e a- ' _ -a -.e. .a ■ a • - • ea•.a. _ .. • aa-ae.a-■ a .-
! •
•
27 is: i."1, :: ,: - - -,
28 . •- - • a _ _ e e e e e ••e • a . - 9 - e as e .• - - .a• _ a a• l'a e e e •• _
:29 specific case; or
:30 d. The true intent and meaning of the city's current edit-T--- _-- --- _---=--:---_-:----
`31 •_.._-..:__..-a - ---=-= -! = : -:--:t ' ' —_-_ - - -_ _ :-:- - - -
!32 . • a _ a a • _ •e • as_ e e a-. a.. .. e -•_ a e _ e a a. ■ - a . ... - - _ e e_ e
34 calendar days of the date that a a+ tcn apps is fik el wiTh the cry. If the g Board-of
:35 Adjustments and Appeals is unable to co
!36 ... - •,• ate `mom-the--n,a r vk l lie aelkizeci to the ._ --_- _ - • a- _ _• _ e e e
:37 . -• - ; ;• -.
:38 (e) Hearing of appeals. The City Commission or Building Board of Adjustment of App als
%39 shall fix a reasonable time for the hearing of the appeal shall be scheduled for the first available
:40 City Commission meeting after receipt of the appeal. The appeal shall be a quasi-judicial
:41 hearing inclusive of the notice and hearing requirements of Sec. [LOOK FOR SECTIONIg+ve
:42 public notice thereof, as well as due notice to the parties in interest,. Upon the hearing, any
943 party may appear in person, by agent or by attorney.
944 (f) Review of administrative orders. In exercising its powers, the City Commission or the
945 Building Board of Adjustments and Appeals may, reverse or affirm, wholly or partly, or may
946 modify the order, requirement, decision, or determination made by an administrative official
947 and may make any necessary order, requirement, decision, or determination, and to that end,
48 shall have all the powers of the officer from whose action is being appealed. The concurring
49 vote of a majority of the members present shall be necessary to reverse any order,
50 •--- , - - - - - - - - - - -51 the applicant on any matter upon which the board or commission is required to pass.
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952 (g) Indemnification. In the event a claim or lawsuit is brought against the city, its officers,
953 employees, servants or agents, the applicant hereby agrees to indemnify, save, and hold
954 harmless the city, its officers, employees, servants or agents and to defend said persons from
955 any such claims, liabilities, causes of action, and judgments of any type whatsoever arising out
956 of or relating to the appeals from decisions of an administrative official whether the appellant
957 is the applicant or any other party. The appellant agrees to pay all costs, attorney's fees, and
958 expenses incurred by the city, its officers, employees, servants or agents in connection with
959 such claims, liabilities or suits. Nothing contained herein, however, shall act as a waiver of any
960 of the city's immunities provided for in F.S. § 768.28.
:61 Sec. 27 96. Building Board of Adjustments and Appeals.
:62 (a) Eligibility. '-_ _ _ _ -_- _ -- :_ ; :;. ; ; a . . •-- - . a ;; . - .
:64 _ (b) Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court
:65 within 30 calendar days after rendition of a board decision.
966
:67 Sec. 27 97. City Commission.
:68 (a) Eligibility. Appeals of decisions by the City Commission may be taken by any aggrieved
:69 party affected by a City Commission decision.
:70 (b) Filing. Appeals for judicial relief shall be filed with the Palm Beach County Circuit Court
:71 within 30 calendar days after rendition of the City Commission decision.
:72 Sec. 27 9698. Withdrawal or denial of appeal.
:73 (a) Refiling after denial. Upon denial of an application for relief hereunder, in whole or in
:74 - . - -- - e•- - - - - - - - - - - - - - - . . - - -- • - - . • -
:75
-:75 the same property or any portion thereof.
:76 _ • - ' _ . - - - - - - -- - -- - - - - - - -- - - - _ .
:77 _ •- _. -, . . __ _
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:78 affecting the same property or any portion thereof, unless, however, the decision of the
'79 •-- • .: - .. • _ . --. - • -- - - --• -; . - - - 'e -e . -- - -- e ••-• - -
"80 e- •- - - - • ••: e- -- - . - . .e - - •, - - - - - .. -,
%81 has been twice or more denied or withdrawn.
:82 (c)_Refiling after withdrawal without prejudice. An application may be withdrawn without
:83 prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing
:84 . •e - - e - . • . • ee - - -- - - •- ee -- : - _e. - - ..-- .
'85 Appeals and filed with the board at least one week prior to any hearing scheduled concerning
'86
:87 application is withdrawn without prejudice, the time limitations for re application provided
:88 herein shall not apply. No application may be withdrawn after final action has been taken.
989
990 Section 3. Each and every other provision of the Code of Ordinances of the City of
991 Boynton Beach not herein specifically amended shall remain in full force and effect as
992 previously enacted.
993 Section 4. All ordinances or parts of ordinances in conflict herewith be and the
994 same are hereby repealed.
995 Section 5. Should any section or provision of this ordinance or portion hereof, any
996 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
997 such decision shall not affect the remainder of this ordinance.
998 Section 6. Authority is hereby granted to codify said ordinance.
999 Section 7. This ordinance shall become effective immediately upon passage.
1000 Section 8. All matters pending before the City boards or committees at the time
1001 of effective date of this Ordinance shall continue unabated and be taken up as scheduled
1002 before the respective board or committee.
1003 FIRST READING this 15th day of August, 2023.
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1004
1005 SECOND, FINAL READING AND PASSAGE this 14th day of September, 2023.
1006
1007 CITY OF BOYNTON BEACH, FLORIDA
1008
1009 YES NO
1010
1011 Mayor-Ty Penserga ✓
1012
1013 Vice Mayor-Thomas Turkin
1014
1015 Commissioner-Angela Cruz
1016
1017 Commissioner-Woodrow L. Hay
1018
1019 Commissioner-Aimee Kelley
1020
1021 VOTE
1022
1023
1024
1025 A - T:
1026
1027 KU,t..1_I ► ✓ /�/-
-
1028 Mayle • D esus, MP', MMC Tom,ergs
1029 City Clerk . 'or
1030
1031 APPROVED AS TO FORM:
1032 (Corporate Seal) ;o�N1oN 6,4,‘‘‘,
F‘',
1033 ''RAT''•. /c,
1034 h'o`c;73 �A �y '►► David N.Tolces
1035 Sy. �P�E0 Interim City Attorney
0
1036 '� :•%\ \,9 e?,0
1037 I \ ;'
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40