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)