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2001-11ORDINANCE NO. 2001-11 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Aventura desires to enact certain requirements for public disclosure of applicant representatives and of business relationships between an applicant for a development permit and a member of the City Commission or any City Advisory Board; and WHEREAS, the City Commission has determined that applicants are in the best position to determine and disclose whether any business relationships exist. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Section 2. Code Amended. That the City Code of the City of Aventura, Florida is hereby amended by amending Chapter 31 "Land Development Regulations," at Article V "Development Review Procedures," at Section 31-71 "Procedures of General Applicability," by amending paragraph (b) "Application Requirements," to read as follows:~ Additions to existing text are indicated by underline. Ordinance No. 2001-11 Page 2 ARTICLE V. DEVELOPMENT REVIEW PROCEDURES. Section 31-71. Procedures of General Applicability. (b) Application requirements. Every application for development permit shall be in a form specified by the Community Development Department and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or by the Community Development Director. (2)The Application form shall include each of the followinq additional items: (i) Applicant Representative Affidavit. Each individual or entity aoolvin(~ for a development permit must submit, with the Application, an "Applicant Representative Affidavit". The affidavit must be on a form provided by the City and be siqned by an authorized representative of the individual or entity applyinq for the development permit, and the owner of the property subject to the application (if different), whose si.qnatures must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her desi,qnee, and shall identify all persons representin.q the individual or entity applyin.q for the development permit in connection with the application, includinq, but not limited to, all attorneys, amhitects, landscape amhitects, enqineers and lobbyists (the "Representatives"). Any statement or representation made by any person listed on the Applicant Representative Affidavit shall be bindinq upon the individual or entity applyinq for the development permit and the owner of the subject property. (ii) Business Relationship Affidavit. Each individual or entity aDDIvinQ for a development permit, the owner of the property subject to the application, and each individual or entity appearinq on the Applicant Representative Affidavit (includinq Representatives) must submit, with the application, a "Business Relationship Affidavit." The affidavit must be on a form provided by the City and be siqned by an authorized representative of the individual or entity submittinq the affidavit, whose siqnature Ordinance No. 2001-11 Page 3 must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her desiqnee, and shall require the individual or entity providinq the affidavit to disclose whether it has any Business Relationships with any member of the City Commission or any City Advisory Board to which the application will be presented, and, if so, disclose the identity of the City Commission or City Advisory Board member with which the individual or entity submittin.q the affidavit has a Business Relationship and the nature of the Business Relationship. Definition. The term "Business Relationship," as used herein, is defined in Section 2-395 of the City Code. (iv) Duty to Supplement Affidavits. If, at any time prior to City Advisory Board or City Commission consideration of an application for a development permit, the information contained in any Applicant Representative Affidavit or Business Relationship Affidavit becomes incorrect or incomplete, the person or entity submitting the affidavit must supplement the affidavit and, if the supplementation requires the submission of additional Applicant Representative Affidavits or Business Relationship Affidavits1 ensure that such affidavits are also filed with the City. If any supplementary affidavits are submitted less than seven (7) days before the application is scheduled for consideration by the City Commission or any City Advisory Board1 the application may be withdrawn by the Community Development Director or his or her designee, and placed on a subsequent agenda. Section 3. Severability. That 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 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. 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 Code of the City of Aventura; 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. Ordinance No. 2001-11 Page 4 Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Commissioner Beskin, and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes yes absent from the room yes yes yes yes The foregoing Ordinance was offered by Commissioner Cohen who moved its adoption on second reading. The motion was seconded by Commissioner Ro§ers-Libert , and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes ~'es yes yes PASSED AND ADOPTED on first reading this 7th day of August, 2001. PASSED AND ADOPTED on second reading this 4th day of September, 2001. TERE:~,~,'M. SOROK~, C~C CITY O[~ERK JJ~'FI~RE-Y ~ PERLOW, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIEN .CY: ~ CITY ATTORNEY