Ordinance 2000-100 - Laserfiche WebLink

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taken before any application is made to the Court for relief; and no application shall be made to the Court for relief except from a resolution adopted the Board of COl:lflty Commissiol'lers City Commission or where apf'licable from a resoh:ltion adopted by a Comml:lflity Zoning i\ppeals Bo8:fd pl:lfsuant to this artiele. Zoning resolutions of the Board of CoUBty Commissioners City Commission or whef-e applicable zoning resolutions of Comml:lflity Zoning Appeals Board shall be reviewed by the filing of a Notice of Appeal in the circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in accordance with the procedure and within the time provided by the Florida Rules of Appellate Procedure for the review of the rulings of any commission or board; and such time shall commence to run from the date the zoning resolution sought to be reviewed is transmitted to the Clerk of the Commission issued by the City Clerk. The Direetor or his <h1ly a\:lthorized representative, City Clerk shall affix to each zoning resolution the date said zoning resolution is issued. The City Clerk of the Be8:fd shall comply with all the requirements of the Florida Rules of Appellate Procedure. (In no event shall the modification of this section affect or modify the terms and conditions of Ordinance 98-52 adopted on September 17. 1998 pursuant to which times frames for issuance of a building permit shall be computed from the date of zoning approval by the Director of Building and Zoning or the City Commission. whichever is applicable). For the purposes of appeal the Director of Zoning: and/or the City Clerk. as applicable. shall make available, for public inspection and copying, the record upon which each final decision of the Board of COl:lftty Commissiol'lers or Commanity Zoning .'\ppeals Board City Commission is based; provided, the Director may make a reasonable charge commensurate with the cost in the event the Department is able to and does furnish copies of all or any portion of the record. Prior to certifying a copy of any record or portion thereof, the Director or his designee shall make all necessary corrections in order that the copy is a true and correct copy of the record, or those portions requested, and shall make a charge as provided by administrative order as amended from time to time for preparation of the record, instrument maps, picture or other exhibit; provided, the charges here authorized are not intended to repeal or amend any fee or schedule of fees otherwise established. The Chair, Vice ehair or Aeting Chair of the Board of Coooty Commissioners or ComHH:1fli.ty Zomng .^..f)f'eals Beard Clerk at any zoning hearing before the Commission or Co~ty Zoning .^..ppeals Board may swear witnesses and, upon timely request in writing, compel the attendance of witnesses in the same manner prescribed in the Circuit Court. The Direetor Appellant shall employ a qualified court reporter to report the proceedings before the Board of COQflty Commissioners and Community Zoning f..ppeals Board, who shall the City Commission. who may transcribe the notes at the request of the Appellant or the City, and at the expense of the one making the request. The City shall not be required to provide such a court reporter and it shall be incumbent upon the Appellant to do so. It is the intent of the Board of Coilllty Commissioners City Commission that no decision under this chapter shall constitute a temporary or permanent taking of private property or an abrogation of vested rights (taking or vested rights deprivation). In the event that any court shall determine that a decision of the Board of CoUftty Cemmissionefs or Comml:lflity Zoning f..pfJeals Board City Commission under this chapter constitutes a taking or vested rights abrogation, such decision of the Beaffi City Commission is declared to be non-final and the court is hereby requested to remand the matter to the City 2 Amendment to Section 33-316- Exhaustion of Remedies Ord. LMD:ch