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96-02 ORDINANCE NO. 96-02 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING INTERIM ORDINANCE PURSUANT TO SECTION 8.06 OF THE CITY CHARTER 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 AN EFFECTIVE DATE AND DURATION; DECLARING AN EMERGENCY. WHEREAS, Section 286.0115, Florida Statutes, enables a municipality to adopt an ordinance or resolution removing the presumption of prejudice recognized in Jenninqs v. Dade County from ex parte communications with local public officials (as "local public official" is defined in S 286.0115(2), Fla. Stat.) by establishing a process to disclose ex parte communications with such officials; and WHEREAS, the City of Aventura 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 City Council of the City of Aventura is assuming the regulatory jurisdiction of zoning and other quasi-judicial matters, including those remanded by Dade County; and WHEREAS, it is necessary to enact a transitional ordinance on an emergency basis to be effective immediately for an initial 1 period of no longer than ninety days after adoption; and WHEREAS, the City Council finds that the enactment of this ordinance is necessary on an emergency basis so as to protect the public health, safety and welfare of the residents and inhabitants of the City of Aventura and to implement the jurisdiction of the City in a manner which assures the provision of due process and the finality of official action. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Emerqenc¥ declared. Pursuant to City Charter Section 8.06, an emergency is hereby declared for adoption of this ordinance, as described in the recitals set forth above, which are hereby incorporated by reference. Section 2. 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: A. Any person not otherwise prohibited by statute, charter provision, or ordinance may discuss with any local public official representing the City of Aventura the merits of any matter on which action may be taken by any board, council or 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: 1. The subject and substance of any ex parte communication with a local public official representing the City of Aventura 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. 2. A local public official representing the City of Aventura may read a written communication from any person; however, a written communication that relates to quasi-judicial action pending before such official shall be made a part of the record before final action is taken on the matter. 3. A local public official representing the City of Aventura 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. 4. Disclosure made pursuant to paragraphs (1), (2) and (3) 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. Section 3. Unless otherwise provided by law, or by resolution of the City Council pertaining to a specific matter, quasi-judicial hearing procedures shall be substantially as follows: QUASI-JUDICIAL PROCEDURES City of Aventura, 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 3 City Council of quasi-judicial matters in the course of quasi- judicial proceedings. II. Definitions A. Applicant - An individual, corporation or other authorized legal entity filing an Application or an appeal which initiates a quasi-judicial proceeding, including City Staff and the City Council. 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 Aventura. D. Member - City Councilmember. E. Chair - Mayor, unless otherwise provided. III. Quasi-Judicial Proceedings A. Legal Representation 1. Applicants - Applicants may be represented by legal counsel. 2. The City Council shall 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, other than members of City Staff, who address the City Council shall give the following information: 1. Name; and 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 4 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 himself/herself to the City Attorney before the hearing. The order of hearing shall be as follows: 1. The Chair 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 excluding attorneys, unless the attorney intends to testify. 3. The Chair shall decide any parliamentary objections and objections to evidentiary matters with the advice of the City Attorney. 4. The City Staff shall present its report, 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. Opposition shall have the right to cross-examine individual speakers. 8. Members may ask questions of any speaker through the Chair. 9. Participants in opposition to the Application shall present their testimony and evidence. 10. The Applicant shall have the right to cross-examine individual speakers. 11. Members may ask questions of any speaker through the Chair. 5 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 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 Council. D. 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 Council 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 time during the pendency of the Application. The record will be made available to the public for inspection upon request at any time during normal business hours. Section 4. Severabllit¥. 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 5. Effective Date. This Ordinance shall be effective as an emergency ordinance immediately upon adoption at its first and only reading, by at least five (5) affirmative votes, and shall 6 thereafter be effective for a period of no longer than ninety days after adoption, subject to re-adoption, renewal or continuation as provided by law. The foregoing Ordinance was offered by Councilmember Roqers-kiber~ who moved its adoption as an emergency Ordinance. The motion was seconded by Councllmember Perlow , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Jay Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey Perlow y~ Vice Mayor Patricia Rogers-Libert yes Mayor Arthur I. Snyder yes PASSED AND ADOPTED this 16th day of April, 1996. ARTHUR I. SNYDI~-R, Mh¥OR ACTING CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 7