HomeMy WebLinkAboutOrdinance 2005-225
ORDINANCE NO. 2005- .J...:l.$
AN ORDINANCE OF THE CITY COMMISSION 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 OFFICIALS
CONCERNING QUASI-JUDICIAL MATTERS;
PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING
PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALER; 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 Jennings v. Dade
County from ex parte communications with local officials (as "local public official" is defined in
~ 286.0115(2), Fla. Stat.) 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
286.0115, 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 Miami-Dade County; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Procedures for Conduct of Quasi-Judicial Hearings. Unless otherwise provided by
law or by ordinance of the City Commission pertaining to a specific matter, quasi-judicial
hearings 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 ZOnlng board or boards as
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may be appointed by the City Commission of quasi-judicial matters in the course of quasi-
judicial proceedings.
II. Defmitions
A. Applicant - An individual, corporation or other authorized legal entity filing an
Application or an appeal that initiates a quasi-judicial proceeding, including City
Staff and the City Commission.
B. 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.
C. City Staff - An employee or agent of the City of Sunny Isles Beach.
D. Member - City Commission/Appointee of Commission member to any zoning
board.
E. 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
A. 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-examination. 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
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2. 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
C. Conduct of Hearing
All quasi-judicial hearings shall be recorded. A court reporter may be retained and
paid for by any interested person to transcribe the proceedings. Any person may
order and pay for a transcript of the proceedings. Any such retained court reporter
shall identify himseWherself to the City Attorney before the hearing.
The order of hearing shall be as follows:
I. The Chair or staff 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 hearing. The Chair shall conduct the meeting and
all questions shall be through the Chair.
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.
3. The Chair shall decide any parliamentary objections and objections to
evidentiary matters with the advice of the City Attorney or special counsel.
4. The City Staff shall present its report, recommendations, offer it into
evidence, and have it made part of the record.
5. The Applicant shall present its case.
6. Participants in support of the Application shall present their testimony and
any evidence.
7. Representatives of the opposition as may be designated by the opposition, or
the Chair, if necessary, shall have the right to cross-examine individual
speakers.
8. As evidences members may comment, ask questions of, or seek clarification
from the applicant or participants in support of the applicant or staff: or any
speaker through the Chair.
9. Participants in opposition to the Application shall present their testimony and
evidence.
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10. The Applicant shall have the right to cross-examine individual speakers.
11. Members may comment, ask questions of: or seek clarification from the
applicant or participants in support of the applicant or staff: any speaker
through the Chair.
12. City Staff shall be given time for rebuttal, if requested. City Staff shall be
subject to cross-examination.
13. Any other member of the public may testify and present evidence, and are
subject to cross-examination.
14. The Applicant shall be given time for rebuttal, if requested.
15. The Chair closes the public comment portion of the meeting on the matter
upon the conclusion of the last speaker's comments hearing. Members shall
discuss the matter in public session and render a decision. No further
presentations or testimony shall be permitted unless directed by the City
Commission and/or the Planning and Zoning Board.
D. Communications with local public officials (as defined in Sec. 286.0115(2),
Fla.Stat.) regarding quasi-judicial matters shall be governed by the following procedure:
1. 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, councilor 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:
(i) 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.
(ii) 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
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quasi-judicial action pending before such official shall be made a part of the record before final
action is taken on the matter.
(iii) 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,
or expert opinions is made a part of the record before final action is taken on the matter.
(iv) Disclosure made pursuant to paragraphs (i), (ii) and (iii) 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.
E. 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 and/or the Planning and Zoning
Board shall be maintained in a separate file constituting the record of the
Application. The record shall be kept in the custody of the appropriate City Staff at
all times during the pendency of the Application. The record will be made available
to the public for inspection upon request during normal business hours.
Section 2. Severabilitv. 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 3. Inclusion in the Code. 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 relettered to accomplish such
intentions; and that the word "ordinance" shall be changed to "section" or other appropriate word, as
required.
Section 4.
on second reading
Effective Date. This Ordinance shall be effective ten (10) days after adoption
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PASSED and ADOPTED on first reading the J6.JJ. day of ~~~2005.
PASSED and ADOPTED on second reading the~~~ay of vnM~ 2005. '
ATTEST:
~'ik~
Jane A. Hines, C~ty Clerk
APPROVED AS TO FORM
AND LE SUFFICIENCY:
Attorney
Moved by: Co~\'Y\J..., G00'DWl/Af\J
,
SeCOndbY:~ a YV\djDyT b'l:lli-~
VOTE: 4-l
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
--.0Y es)
V (Yes)
~(Yes)
V(Yes)
_(Yes)
_(No)
_(No)
_(No)
_(No)
V (No)
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