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O01-23 (2)ORDINANCE NO. O 01-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2. ADMINISTRATION ARTICLE I. SECTION 2-20 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA TO CLARIFY THE RECONSIDERATION PROCESS AS IT RELATES TO QUASI-JUDICIAL BOARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has deemed it to be necessary to clarify the reconsideration process as set out in Section 2-20 of the Code of Ordinances as it relates to quasi-judicial boards; and NOW THEREFORE~ BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH~ THAT: Section 1. That Chapter 2. Administration Article I. Section 2-20 of the Code of Ordinances of the City of Boynton Beach, Florida, is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: Sec. 2-20. Quasi-judicial proceeding before city commission or city board; procedure for reconsideration of decision. (a) For the purpose of this section the term "quasi-judicial Iproceeding" shall mean hearings before the City Commission or Planning and .... m..;,.. , ...... ; .... ., .......... ; ..... ;~ ........ .~ ;. and limited to the following specific types of proceedings. (1) Variances; (c-) (b) The e_City _Ceommission 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- Jmayor, or any single commissioner filed with the cCity e_Clerk_provided such written request is made no later than 12:00 noon on the third day following the Commission's decision of the quasi-judicial proceeding. No quasi-judicial decision shall be considered final until the expiration of the three (3) day time period without a motion to reconsider being made and the entry of a written order approved by the City Attorney and signed by the City Clerk. ~[n the event a request for reconsideration is made pursuant to this subsection the applicant or affected party shall be notified in writing and such notice shall be hand delivered, sent by facsimile, or overnight delivery service. (c) When a motion for reconsideration is made and approved at the Commission meeting at which the decision was rendered, the Commission may immediately reconsider the matter before them or, the Commission may reconsider the matter at a later time certain which shall be announced, at the meetinq, to the applicant and the public. No additional notice of the matter shall be necessary. When a motion for reconsideration is made followinq the close of the Commission meeting at which the decision is made, only the motion to reconsider shall be heard at the next reqular City Commission meeting. Tf the motion to reconsider is adopted by the Commission, the matter which is the subject of the motion to reconsider shall be placed on the next regular City Commission meeting agenda. The agenda item shall be noticed in the same manner as the notice )rovided when the item was originally considered. (d) Any board may reconsider its decision... Section 2. Each and every other provision of Article 1, Chapter 2. ~.dministration of the Code of Ordinances of the City of Boynton Beach not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent urisdiction to be invalid, such decision shall not affect the remainder of this )rdinance. Section 5. Authority is hereby granted to codify said ordinance. Section6. This ordinance shall become effective immediately upon passage. F]:RST READ]:NG this /.~ day of Hay, 2001. 2001. SECOND, FXNAL READXNG AND PASSAGE this !A-I-I'EST: day of 3une, CiTY O ,BOYN O BE CH, FL.ORIDA Commissioner i,(CORPORATE SEAL)