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Home My WebLink AboutOrdinance 2000-100 ORDINANCE NO. 2000 - J 00 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 33-316 OF THE CODE OF MIAMI-DADE COUNTY AS ADOPTED BY THE CITY OF SUNNY ISLES BEACH PURSUANT TO SECTION 8.3 OF THE CHARTER, TO PROVIDE THE STEPS NECESSARY AND REQUIRED TO TAKE AN APPEAL OF A DECISION BY THE CITY COMMISSION ON A ZONING MATTER FOR REVIEW BEFORE THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY; PROVIDING COMMENCEMENT AND COMPUTATION OF TIME WITHIN WHICH TO APPEAL A ZONING RESOLUTION ISSUED BY THE CITY CLERK; PROVIDING NO MODIFICATION ON EFFECT OF THE TERMS OF ORDINANCE # 98-52: PROVIDING FOR THE DIRECTOR OF ZONING AND/OR THE CITY CLERK, AS APPLICABLE, TO MAKE AVAILABLE FOR PUBLIC INSPECTION AND COPYING ALL RECORDS REQUIRED FOR SUCH APPEAL; PROVIDING FOR THE CLERK TO SWEAR ANY WITNESSES AND UPON TIMELY REQUEST IN WRITING, TO COMPEL THE ATTENDANCE OF WITNESSES IN THE SAME MANNER PRESCRIBED BY THE CIRCUIT COURT; FURTHER PROVIDING THAT THE APPLICANT SHALL EMPLOY A QUALIFIED COURT REPORTER TO REPORT THE PROCEEDING, WHICH TRANSCRIPT MAY BE USED WHEN CERTIFIED FOR COURT REVIEW; DELETING ANY REFERENCES TO THE TERM "ZONING APPEALS BOARD"; PROVIDING FOR SEVERABILITY; PROVIDING FOR A REPEALER; PROVIDING FOR INCLUSION INTO THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS in accordance with the Charter of the CITY OF SUNNY ISLES BEACH as adopted on June 17, 1997, wherein the Code of Miami-Dade County was adopted by the City of Sunny Isles Beach as its own, pursuant to 8.3 of the City Charter; and WHEREAS, Section 33-316, Code of Miami-Dade County contains certain provisions that are not applicable to, or which the City wishes to amend to conform to its operating procedures; NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Amendment of Section 33-316 Code of Miami-Dade County. Section 33-316 is hereby amended as follows: Sec. 33-316. Exhaustion of Remedies; Court Review. No person aggrieved by any zoning resolution order, requirement, decision or determination of an administrative official or by any decision of the Comm1:1D:ity Zoning f..ppeals Board City Commission may apply to the Court for relief unless such person has first exhausted the remedies provided in for herein and taken all available steps provided in this artiele the City's Code of Ordinances. It is the intention of the Board of Coooty Commissioners City Commissioners that all steps as provided by this article shall be 1 Amendment to Section 33-316- Exhaustion of Remedies Ord. LMD:ch 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 Commission. which shall reconsider the matter after notice of the County Commission City Commission hearing is given pursuant to Section 33-310(c) through (t). In the event that a court fails to remand a matter to the Board of Coooty Commissioflefs City Commission after finding that a taking or vested rights abrogation has occurred, the Director is instructed to forthwith file an application to remedy such taking or vested rights abrogation, which application shall be heard directly by the Board of Coooty Commissioners City Commission after notice is given pursuant to Section 33-31O(c) through (t). The Bo8:fd of Coaaty Commissioaers City Commission may elect to request that any remand or director's application be deferred until a later point in the litigation, including the completion of any judicial appeals. Notwithstanding any thing to the contrary contained in this chapter, the Board of Col:lflty Commissioners City Commission shall have original administrative jurisdiction over any remand or director's application pursuant to this paragraph. Section 2. Community Zoning Appeals Board. Any and all references to Community Zoning Appeals Board are hereby deleted as inapplicable to the City of Sunny Isles Beach. 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 part. Section 4. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. Section 5. Inclusion In The Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of 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. Section 6. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading the 11 th day of Jul PASSED AND ADOPTED on second reading this l.Q~a~ ,2000. .. ATIJEST: .) ~~~ RkhardBroWD-Morilla, City Clerk c....) " 3 Amendment to Section 33-316- Exhaustion of Remedies Ord. LMD:ch APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Motion on second reading by: Commlssl~~~ ~WVVJ Second on second reading by: Cot~wY\\S<;l EJt. t.t K)' Vote: 5-0 Mayor David Samson Vice Mayor Connie Morrow Commissioner Irving Turetsky Commissioner Lila Kauffman Commissioner Daniel Iglesias (yes) V (yes) V (yes)~ (yes) -lL" (yes)~ (no)_ (no)_ (no )_ (no)_ (no)_ 4 Amendment to Section 33-316- Exhaustion of Remedies Ord. LMD:ch