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
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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
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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
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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.
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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
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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
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