O93-20ORDINANCE NO. O93-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ESTABLISHING PROCEDURES FOR
RECONSIDERATION OR RECISION OF DECISIONS
OF THE CITY COMMISSION OR THE CITY BOARDS
WHICH ARE QUASI - JUDICIAL IN NATURE;
PROVIDING FOR DEFINITION, PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has determined that Robert's Rules of Procedure
do not provide an adequate procedure which is applicable in
quasi-judicial proceedings, and
WHEREAS, the City Commission has determined that it is
in the best interests of those parties interested in or
affected by the outcome of quasi-judicial proceedings to
establish clear and unequivocal rules regarding the finality
of orders which are quasi-judicial in nature.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA~ THAT:
Section 1. For the purpose of this Ordinance the term
"quasi-judicial proceeding" shall mean hearings in which an
applicant is provided notice of hearing and has the
opportunity to examine and cross-examine witnesses and is
limited to the following specific types of proceedings:
variances
rezonings
appeals from administrative decisions
Building Official or the Planning Director
master plan approvals
site plan approvals
modifications of site plans
of the
Section 2. No decision arising from a quasi-judicial
proceeding before the City Commission or any other board of
the City shall be final until such time as a written order
signed by the Mayor or Vice Mayor in the case of Commission
action or by the Chair or Vice-Chair of a Board in the case of
board action, and attested by the City Clerk is issued. Such
order shall be last dated by the City Clerk and that date
shall be considered to be the date on which the Order was
entered. The order shall be prepared by the City Attorney or
his/her designee and submitted to the City Clerk before 5:00
P.M. on the 3rd day following the conclusion of the hearing
and shall be signed by the Mayor or Vice Mayor, Chair or Vice
Chair before 5:00 P.M. on the 4th day after the hearing.
Section 3. The City Commission may reconsider its
decision arising from a quasi-judicial proceeding only upon a
motion to reconsider made at the meeting at which the decision
was rendered or upon written request of the Mayor, the Vice-
Mayor, or any single commissioner filed with the City Clerk
prior to the issuance of the Order referenced in Section 2
hereof. In the event a request for reconsideration is made
pursuant to this sub-section the applicant or effected party
shall be notified in writing and such notice shall be hand
delivered, sent by facsimile, or mailed certified mail return
receipt requested.
Section 4. Any Board may reconsider its decision
arising from a quasi-judicial proceeding only upon a motion to
reconsider at the meeting at which the decision was rendered.
Section 5. The City Commission may not rescind a
written Order confirming its decision rendered in a quasi-
judicial proceeding after issuance of such Order except upon
an affirmative finding that:
a. there is newly discovered evidence which by due
diligence could not have been available at the time of
the original hearing;
b. That there was fraud, misrepresentation or
misconduct by any party to the quasi-judicial proceeding;
Section 6. To the extent of any conflict between the
procedures set forth herein and Robert's Rules of Procedure
the procedure set forth herein shall prevail.
Section 7. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 8. Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or word
be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this
ordinance.
Section 9. Authority is hereby granted to codify said
ordinance.
Section 10. This ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of July, 1993.
SECOND, FINAL READING and PASSAGE this ,~
day of ~Zg~~
1993.
CITY OF BOYNTO~ BEACH
Mayor
Vi,
Commiss~ ~
ATTEST:
Ci~ Clerk
(Corporate Seal)
Brds.Pro
7/14/93