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HomeMy WebLinkAboutOrdinance 97-04 ORDINANCE NO. 97-4 AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA IMPLEMENTING THE PROVISIONS OF SECTION 286.0115, FLORIDA STATUTES, TO ESTABLISH A PROCEDURE GOVERNING EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC OmCIALS CONCERNING QUASI-JUDICIAL MATTERS; PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 286.0115, Florida Statutes, enables a municipality to adopt an ordinance or resolution removing the presumption of prejudice recognized in Jennill&S v 0 Dade County from ex parte communications with local public officials (as "local public official" is defined in ~ 286.0115(2), FlaoStato) by establishing a process to disclose ex parte communications with such officials; and WHEREAS, the City of Sunny Isles Beach finds it necessary to implement Section 28600115, Fla. Stat., by establishing a process to disclose ex parte communications (communications made on behalf of one side only without the presence of the other side) with such official; and WHEREAS, the Commission of the City of Sunny Isles Beach wishes to adopt a set of procedures for the Commission, such other board or boards as may be appointed by City Commission, and applicants to follow as it assumes the regulatory jurisdiction of zoning and other quasi-judicial matters, including those remanded by Dade County; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY MIAMI:F:\DOCS\LMO\RE\64774.1:216198 (1 :49PM) OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Communications with local public officials (as defined in Sec. 28600115(2), FlaoStat.) regarding quasi-judicial matters shall be governed by the following procedure: Ao If any person not otherwise prohibited by statute, charter provision, or ordinance discusses with any local public official representing the City of Sunny Isles Beach the merits of any matter on which action may be taken by any board, council or commission on which the local public official is a member, such communication shall not raise any presumption of prejudice, provided that the following process of disclosure occurs: 1. The subject and substance of any ex parte communication with a local public official representing the City of Sunny Isles Beach which relates to quasi-judicial action pending before the official, as well as the identity of the person, group or entity with whom the communication took place, is disclosed and made a part of the record before final action is taken on the matter. 20 A local public official representing the City of Sunny Isles Beach may read a written communication from any person; however, a written communication that relates to quasi-judicial action pending before such official shall be made a part of the record before final action is taken on the matter 0 30 A local public official representing the City of Sunny Isles Beach may conduct investigations, make site visits and receive expert opinions regarding quasi-judicial action pending before him or her, provided that such activities and the existence of such investigations, site visits, MIAMl:F:\DOCS\LMD\RE\64774.1 :216198 (1 :49PM) 2 or expert opinions is made a part of the record before final action is taken on the matter. 4. Disclosure made pursuant to paragraphs (1), (2) and (3) above must be made before or during the public meeting at which a vote is taken on such matters, so that persons who have opinions contrary to those expressed in the ex parte communication are given a reasonable opportunity to refute or respond to the communication. Section 2. Unless otherwise provided by law, or by resolution of the City Commission pertaining to a specific matter, quasi-judicial hearing procedures shall be substantially as follows: QUASI-JUDICIAL PROCEDURES City of Sunny Isles Beach, Florida I. Purpose It is the purpose of these rules to provide a fair, open and impartial procedure for the consideration by members of the City Commission or such other zoning board or boards as may be appointed by the City Commission of quasi-judicial matters in the course of quasi-judicial proceedings. II. Definitions A. Applicant - An individual, corporation or other authorized legal entity filing an Application or an appeal which initiates a quasi-judicial proceeding, including City Staff and the City Commission. Bo Application - An Application for a site-specific rezoning, variance, special exception, conditional use permit, or other request for a quasi-judicial proceeding or appeal as authorized by the City's zoning ordinance. Co City Staff - An employee or agent of the City of Sunny Isles Beacho D. Member - City Commissionl Appointee of Commission member to any zoning board. MlAMI:F:\DOCS\l.MD\RE\64774.1:216198 (1:49PM) 3 Eo Chair - Mayor, unless otherwise provided/Mayor's appointee to any zoning board. F. City Commission - The five (5) member elected Commissioner. G. Planning and Zoning Board - An appointed zoning board, if one is so designated by the City Commission. III. Quasi-Judicial Proceedings Ao Legal Representation 1. Applicants - Applicants may be represented by legal counsel. 2. The City Commission and/or the Planning and Zoning Board may be advised by the City Attorney. B. Participants at Hearings All who testify on any Application must sign in and be sworn by the presiding officer. All persons testifying subject themselves to cross-examinationo Each person who addresses the City Commission and/or the Planning and Zoning Board, other than members of City Staff, shall give the following information: 1. Name; and 20 Address; and 3. Whether they speak for themselves, a group of persons, or a third party; if the person says that they represent an organization, they shall also indicate whether the view expressed by the speaker represents an established policy of the organization approved by the board or governing body; and Co Conduct of Hearing All quasi-judicial hearings shall be recordedo A court reporter may be retained and paid for by any interested person to transcribe the proceedingso Any person may order and pay for a transcript of the proceedingso Any such retained court reporter shall identify himself/herself to the City Attorney before the hearing. MIAMI:F:\DOCS\LMD\RE\64774.1 :116198 (1 :49PM) 4 The order of hearing shall be as follows: 1. The Chair shall read a preliminary statement once at the beginning of the quasi-judicial public hearing agenda, announce the particular agenda item, and open the public hearingo The Chair shall conduct the meeting and all questions shall be through the Chair 0 2. The Applicant, witnesses, City Staff, and all participants asking to speak shall be sworn. Attorneys shall be excluded, unless an attorney intends to testify . 30 The Chair shall decide any parliamentary objections and objections to evidentiary matters with the advice of the City Attorney or special counsel. 40 The City Staff shall present its report, offer it into evidence, and have it made part of the record. 50 The Applicant shall present its caseo 60 Participants in support of the Application shall present their testimony and any evidence. 70 Representatives of the opposition as may be designated by the opposition, or the Chair, ifnecessary, shall have the right to cross-examine individual speakers. 8. Members may ask questions of any speaker through the Chairo 90 Participants in opposition to the Application shall present their testimony and evidenceo 100 The Applicant shall have the right to cross-examine individual speakerso 11. Members may ask questions of any speaker through the Chair 0 12. City Staff shall be given time for rebuttal, if requestedo City Staff shall be subject to cross-examination. 130 Any other member of the public may testify and present evidence, and are MlAMI:F:\DOCS\LMD\RE\64714.1 :116198 (1:49PM) 5 subject to cross-examination. 140 The Applicant shall be given time for rebuttal, if requestedo 150 The Chair closes the public hearing. Members shall discuss the matter in public session and render a decisiono No further presentations or testimony shall be permitted unless directed by the City Commission andlor the Planning and Zoning Board. Do Record of the Hearing Following the final disposition of the Application, all evidence admitted at the hearing, the Application file, all City Staff reports, and the adopted order promulgating the decision of the City Commission andlor the Planning and Zoning Board shall be maintained in a separate file constituting the record of the Applicationo The record shall be kept in the custody of the appropriate City Staff at all time during the pendency of the Application 0 The record will be made available to the public for inspection upon request during normal business hourso Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any parto Section 40 Effective Dateo This Ordinance shall be effective ten days after adoption on second reading. Section 50 Inclusion in the Codeo It is the intention of the Commission, and it is hereby ordained, that the provisions of this ordinance shall become an appendix to the City of Sunny Isles Beach Code; that the sections of this ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as reqpired. MIAMI:F:\DOCS\LMD\RE\64774.1 "216198 (1 :49PM) 6 FIRST READING the 21st day of August, 1997. SECOND READING this 11th day of September, 1997. The foregoing Ordinance was offered by Vice Mayor Turetsky. who moved its adoptiono The motion was seconded by Commissioner Iglesias. The motion was approved by a vote of5-0 in favor: Mayor David Samson Vice Mayor Irving Turetsky Commissioner Lila KauBinan Commissioner Daniel Iglesias Commissioner Connie Morrow (yes) 2t... (yes) 2t... (yes) 2t... (yes) 2t... (yes) 2t... (no)_ (no)_ (no)_ (no)_ (no)_ ATTEST: SK:J/~...J. ~-~~ INTERI CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ,p,& 4'4. L N Mo DANNHEISSER CITY ATTORNEY . .7, MIAMI:F:\DOCs\I.Ml$E\64174. U/6/98 (1:49PM) 7