98-23 ORDINANCE NO. 98-23
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
(THE "CITY"), AMENDING THE CITY CODE BY
AMENDING CHAPTER 34 "PLANNING AND ZONING",
BY AMENDING ARTICLE II "QUASI' JUDICIAL
MATTERS", BY CREATING SECTION 34-33 "PUBLIC
STATEMENTS BY COMMISSIONERS" TO REQUIRE THE
MAYOR AND COMMISSIONERS TO AVOID WORKING
TO INFLUENCE PUBLIC OPINION UPON A QUASI
JUDICIAL MATTER OR PUBLICLY EXPRESSING THEIR
INTENTION TO VOTE FOR OR AGAINST A QUASI
JUDICIAL MATTER PRIOR TO HEARING; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission desires to adopt additional procedural
restrictions and safeguards concerning quasi judicial proceedings in planning and
zoning matters; and
WHEREAS, the City Commission finds that the adoption of this Ordinance will
further protect the quasi judicial hearing process.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Chapter 34 "Planning and Zoning", at Article II "Quasi Judicial Matters", by
creating Section 34-33 "Public Statements by Commissioners" to read as follows:
Section 34-33. Public Statements by Commissioners.
(a) The Mayor and Commissioners shall each avoid
publicly expressing their intention, either directly or
indirectly, to vote for or against a pending quasi
Ordinance No. 98-23
Page 2
judicial matter or working to influence public opinion
upon a pending quasi judicial matter, prior to hearing
held pursuant to City Code Section 34-32. A quasi
judicial matter is pending when an application has
been filed pursuant to City Code Section 34-32.
(b) The failure to comply with the restriction provided in
paragraph (a) of this section shall not invalidate any
action or decision of the City Commission so long as
the decision or action of the City Commission is
supported by competent substantial evidence of
record as required by law.
(c) Any members of the City Commission violating the
standard of conduct set forth above shall be subject to
public censure by the City Commission, subject to
rules adopted by the City Commission providing the
accused Commissioner with a fair hearing, including
an opportunity to be heard. The Commission
reserves the right, by subsequent ordinance to
prospectively implement other sanctions, in the event
that the sanction provided for above is not effective in
implementing the purposes of this Ordinance.
Ordinance No. 98-23
Page 3
Section 2. 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 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 City Council, 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 re-numbered or
re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on first reading. The motion was seconded by Commissioner Rogers-Libert,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice-Mayor Ken Cohen no
Mayor Arthur I. Snyder yes
Ordinance No. 98-23
Page 4
The foregoing Ordinance was offered by Commissioner Beskin, who moved its
adoption on second reading. The motion was seconded by Commissioner Rogers-
Libert, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice-Mayor Harry Holzberg yes
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 1st day of September, 1998.
PASSED AND ADOPTED on second reading this 6th day of.,(~ctober, 1998.
ATTEST:
T~:RESA M. SMI~H,-CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY