HomeMy WebLinkAboutOrdinance 2000-102
ORDINANCE NO. 2000-~
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, AMENDING SECTION 13 OF ORDINANCE NO. 99-60
"GROUNDS FOR DENIAL" AND ORDINANCE NO. 98-45
IMPOSING AN OCCUPATIONAL LICENSE TAX; FURTHER
PROVIDING FOR A HEARING BEFORE A SPECIAL MASTER
TO APPEAL A DENIAL OF AN APPLICATION FOR AN
OCCUPATIONAL LICENSE; ESTABLISHING GUIDELINES FOR
THE CITY ATTORNEY AND CODE AND LICENSING
ENFORCEMENT OFFICIAL, OR HIS DESIGNEE" TO
CONDUCT THE HEARING; PROVIDING FOR A REPEALER;
PROVING FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 98-45 to impose an
occupational license tax on individuals who are conducting business within the city's limits; and
the City Commission established the guidelines for appealing a denial of an application for
:~upationallicense by amending Section 13 of Ordinance No. 98-45 with Ordinance No. 99-60; (
WHEREAS, under Ordinance No. 99-60, an applicant has a right to appeal the denial of
application for an occupational license to the City Commission; and now the City Commission
wishes to have the appeal of a denial of application for occupational license be heard by a Special
Master; and
WHEREAS, the City Commission further wishes to establish guidelines for the attorney
or the representative of the City to conduct a hearing before the Special Master; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA THAT:
Section 1.
follows;
Amendment of Ordinance No. 99-60. Ordinance No.99-60 is hereby amended as
SeetioB 13. CrotlBds for Denial.
(B) f..ny person v.nose applieation for liceRse has beeR rejeeted as
proyided in this Ordinance, shall have the right to appeal tHe decision of
the City M.anger to the City Commission by appropriate '.witten petition
and shall be heard by the City Commission at its Rext regalar meeting,
provided however, that the petition is filed '.vith the City Commission at its
next regular meetiRg, provided howeyer, that the petition is filed with the
Occupational License Amendment.ord
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city Commissiofl at least 10 days prior to the regl:llar meeting of the City
Commission.
Section 13. Grounds for Denial and Procedures for Appealin2
Denial of Application
(B) Any person whose application for license has been rejected by the
Director of Code Enforcement or his designee may appeal the decision by
filing a written appeal with the City Manager within ten (10) days of the
decision. The City Manager or his designee shall schedule a hearing
before a Special Master within thirty (30) days from the date of the filing
of the appeal. New information and material may be received and
considered by the Special Master where such information and material are
pertinent to the determination of the appeal and the Special Master shall
have the authority to override the decision of the Director of Code
Enforcement or his designee. Any applicant whose appeal has been
rejected by the Special Master may appeal the decision to the Circuit Court
as authorized by law. No applicant aggrieved by the decision of the Code
and Licensing Enforcement Official may apply to the Circuit Court for
relief unless the applicant has first exhausted the remedies provided for
herein and taken all the steps provided in the City's Code of Ordinances.
(C) At the hearing before the Special Master, the City Attorney shall
represent the Special Master and the representative for the City, whether it
be the Code and Licensing Enforcement Official, or his designee, shall not
act as the legal advocate at a trial in which s/he is likely to be a necessary
witness on behalf of the City unless the testimony relates solely to a matter
of formality and there is no reason to believe that substantial evidence will
be offered in opposition to the testimony.
Section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not
be affected by such invalidity.
Section 4. Inclusion into the Code. The provisions of this Ordinance shall be included and
incorporated into the Code of Ordinances of the City of Sunny Isles Beach as an addition thereto
and the sections of this Ordinance may be renumbered to conformed to any uniformed numbering
system.
Section 5. Effective Date. This Ordinance shall take effect ten (10) days after adoption on
second reading.
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PASSED AND ADOPTED on first reading this 20th day of July, 2000.
PASSED AND ADOPTED on second reading this K day of
.
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Moved by: ~ t'YIf\-?O~ ~c::.<<~
Seconded by: m\ ~IO~ t:W..FAYlM./
VOTE:
5- 0
Mayor David Samson
Vice Mayor Connie Morrow
Commissioner Lila Kauffman
Commissioner Daniel Iglesias
Commissioner Irving Turetsky
(yes) ~
(yes) i7'"
(yes) V
(yes) 7
(yes) ~
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(no)_
(no)_
(no)_
(no)_
(no)_