HomeMy WebLinkAboutOrdinance 2002-149
ORDINANCE NO. 2001.- m
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, AMENDING THE CODE OF ETHICS
TO INCLUDE A PROVISION REQUIRING THAT ALL DISCLOSURES
OF INFORMATION PRESENTED BY PARTIES IN INTEREST MAKING
SUCH REPRESENTATIONS OR REQUESTS TO THE CITY
COMMISSION OR CITY STAFF BE TRUE AND ACCURATE AND
REPRESENT COMPLETE AND FULL DISCLOSURE, INCLUDING ANY
ADDITIONAL INFORMATION REQUIRED, UNLESS GOOD CAUSE IS
SHOWN WHY SUCH DISCLOSURE WAS NOT MADE; PROVIDING
THAT UPON A FINDING BY THE CITY COMMISSION THAT THIS
ORDINANCE WAS VIOLATED, ANY ACTION TAKEN WITH RESPECT
TO THE MATTER, WHETHER ADMINISTRATIVELY OR BY ACTION
OF THE CITY COMMISSION, IS RENDERED VOIDABLE
REGARDLESS OF THE TIME WITHIN WHICH SUCH DISCOVERY IS
MADE; PROVIDING FOR INCLUSION OF THIS ORDINANCE IN THE
CITY'S FUTURE LAND DEVELOPMENT REGULATIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The City Commission of the City of Sunny Isles Beach wishes to fortify the
Code of Ethics provided by the Code of Miami-Dade County, as adopted by Section 3 of the City
Charter; and
WHEREAS, the City has the right and ability to make more stringent that Code of Ethics
Ordinance; and
WHEREAS, the City Commission is constantly dealing with numerous requests at any
given point in time with a skeleton staff that is not always able to independently verify all
disclosures and information presented by the applicant and as such City must rely on the
accuracy and truthfulness of such disclosure and information so presented to the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Accuracv and truthfulness of all representations and information disclosed to the
City. All parties making any presentation, formal request or petition of the City Commission or
the City staff shall be required to make full and accurate disclosure based in fact and in law, and
to the extent that additional information is requested by the City Commission or City staff, for
any such request, that information must be supplied and must be accurate as disclosed at the time
of the supplying of such information and at all times up to and including after final action is
taken.
Section 2. Discovery of false information or less than full disclosure of information. If the
City, at any time subsequent to a decision by the City staff administratively or by the City
Commission by resolution or ordinance, discovers that any disclosure required was not made
fully or truthfully, in violation of this Ordinance, the action taken with respect to that matter,
shall be voidable regardless of the time frame within which such discovery is made, unless good
cause is shown by the applicant why such disclosure was not made fully or accurately.
Section 3. Inclusion in the City's Land Development Regulations. The City Commission
hereby directs that this Ordinance be included in the City's future Land Development
Regulations.
Section 4. 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 up 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.
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ATTEST:
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'Ricli~d Brown-Morilla, City Clerk
APPROVED "AS TO FORM
AND LEGAL SUFFICIENCY
M. Dannheisser, City Attorney
Moved by: C~n->\S~D~ ~~
Seconded by: \( ~ m (? .::t Lee I
VOTE AS FOLLOWS: 5-0
Mayor Samson ( V) yes ( ) no
Vice Mayor Iglesias ( v ) yes ( )no
Commissioner Edelcup ( V ) yes ( ) no
Commissioner Goodman ( V ) yes ( )no
Commissioner Kauffman ( V ) yes ( ) no
Accuracy Disclosure Ord.
Legislation/Ordinances/Attorney
11/27/01 - 11:50 AM
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