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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2003-019Temp Ord # 2016 July 18, 2003 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2003-_L� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 24 OF THE CITY OF TAMARAC CODE OF ORDINANCES ENTITLED "ZONING", ARTICLE II "ADMINISTRATION", DIVISION 3 "PLANNING BOARD", SECTION 24- 71 ENTITLED "REVIEW AND CONSIDERATION OF VARIANCES AND APPEALS BY PLANNING BOARD", BY ELIMINATING REFERENCES TO BOARD OF ADJUSTMENT; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of Adjustment was sunsetted February 26, 2003 by the City Commission via Ordinance No. 0-2003-04; and WHEREAS, the powers and duties previously assigned to the Board of Adjustment relative to considering and hearing variances and appeals were assigned to the Planning Board by the City Commission via Ordinance No. 0- 2003-11; and WHEREAS, due to a scrivener's error all references to the Board of Adjustment were not eliminated at the time Ordinance No. 0-2003-11 was adopted; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac to amend Chapter 24 of the City of Tamarac Code of Ordinances by eliminating all references to the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: CODING: Words in StFUGk through type are deletions from existing law; Words in underscored type are additions Temp Ord # 2016 July 18, 2003 2 SECTION 1: That the foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: That Sections 24-71(e) and (g) of the Tamarac Code are hereby amended to eliminate all references to the Board of Adjustment: Sec. 24-71. Review and consideration of variances and appeals by planning board. (e) Stay of work and proceedings. An appeal to the planning board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the planning board that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the beard of adju +mono planning board or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. (g) Judicial review of board's decisions. Any person aggrieved by any decision of the planning board, or any officer, department, board, commission or bureau of the city, may apply to the circuit court in the judicial circuit where the planning board is located for judicial relief within thirty (30) days after rendition of the decision by the beard- ^f adjustment planning board. Review in the circuit court shall be either by a trial de novo, which shall be governed by the Florida Rules of Civil Procedure, or by petition for writ of certiorari, which shall be governed by the Florida Appellate Rules. The election of remedies shall lie with the appellant. CODING: Words in StF6l k through type are deletions from existing law; Words in underscored type are additions 7 1 1 1 1 Temp Ord # 2016 July 18, 2003 3 SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION4: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in 64rnr ugh type are deletions from existing law; Words in underscored type are additions Temp Ord # 2016 July 18, 2003 4 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 27th day of August, 2003. PASSED, SECOND READING this 10th day of September, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. MITCHELL S. KF CITY ATTORN .c tcF;�= , �, OE SCHREIBER, MAYO RECORD OF COMMISSION VOTE: Is' MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALAB DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS RECORD OF COMMISSION VOTE: 2"d r MAYOR SCHREIBER C DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABIS MT 3: COMM. SULTANOF DIST 4: V/M ROBERTS CODING: Words in StrUGli thFough type are deletions from existing law; Words in underscored type are additions ing 1 �1 1