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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. ,200,1 ~ ~:f . ,I t ATTEST: '... I . ... , -"\00. ., ",.,. ,.!i/J~ ., .,.~~ t , t....~.... ~ . ~~~lk '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 2