Meetings of the planning and zoning board, board of adjustment, historic preservation board and special magistrate or code enforcement board are required to be open to the public. There is a difference, as noted in the city's citizen participation procedures in conjunction with the comprehensive planning program, between workshops, public hearings and public meetings, as well as, a difference between meetings conducted by city staff and those conducted by the city advisory boards and city commission. This article incorporates the city's citizen participation procedures in conjunction with the comprehensive planning program by reference and provides more specific requirements for hearing procedures and public notification.

(Ord. No. 9-04, § 7, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

1.

When held. Before making a decision on an appeal for a variance or special exception or from a decision of the land development regulation administrator, the board of adjustment shall hold a public hearing on the appeal or application.

2.

Public participation. Subject to 13.2(3), the public hearing shall be open to the public, and persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

3.

Evidence. The board of adjustment may place reasonable and equitable limitation on the presentation of evidence and arguments and the cross examination of witnesses so that the matter at issue may be heard and decided without undue delay.

4.

Continuance. The board of adjustment may continue a hearing until a subsequent meeting and may keep a hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six calendar weeks or more elapses between hearing dates.

(Ord. No. 9-04, § 7, 7-12-2004)

1.

When held. Before making a recommendation or decision on an application for a certain specified special use permit (see article 14 of these Land Development Regulations), an amendment of the official zoning atlas, or an amendment to the text of these Land Development Regulations, the planning and zoning board or the city commission, as applicable, shall hold a public hearing on the application.

2.

Public participation. Subject to 13.3(3), the public hearing shall be open to the public, and all persons interested in the outcome of the application shall be given an opportunity to be heard.

3.

Limitation on discussion. The planning and zoning board or city commission, as the case may be, may place reasonable and equitable limitation on any discussion or presentation so that the matter at issue may be heard and decided without undue delay.

4.

Continuance. The planning and zoning board or the city commission, as the case requires, may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six calendar weeks or more elapses between hearing dates.

(Ord. No. 9-04, § 7, 7-12-2004)

1.

Hearing procedures. Each case before the special magistrate or code enforcement board shall be presented by the city attorney or by a member of the administrative staff of the city. If the city prevails in prosecuting a case before the special magistrate or code enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized in F.S. § 162.09(3).

2.

Evidence. The special magistrate or code enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate or code enforcement board shall take testimony from the code enforcement officer and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

3.

Findings; order. At the conclusion of the hearing, the special magistrate or code enforcement board shall issue findings of fact, based on the evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted within the city Code of Ordinances and Florida Statutes. The finding shall be by motion approved by a majority of those members present and voting, except that at least three members of the special magistrate or code enforcement board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and under the conditions specified in article 15 of these Land Development Regulations, and the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of Alachua County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records; a hearing is not required to issue such an order acknowledging compliance.

4.

Prevent delay. The special magistrate or code enforcement board may place reasonable and equitable limitation on any discussion or presentation so that the matter at issue may be heard and decided without undue delay.

5.

Continuance. The special magistrate or code enforcement board may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six calendar weeks or more elapses between hearing dates.

(Ord. No. 9-04, § 7, 7-12-2004; Ord. No. 2017-03, § 2, 1-23-2017)

Editor's note— Ord. No. 2017-03, § 2, adopted Jan. 23, 2017, changed the title of § 13.4 from "Hearings before the code enforcement board" to read as herein set out.

13.5.1. The land development regulation administrator shall give notice as follows:

1.

An application for an amendment to these Land Development Regulations, the official zoning atlas or a request for special exception, or site and development plan before the planning and zoning board or a variance petition before the board of adjustment, shall be noticed once in a newspaper of general circulation in the area with the publication at least ten days prior to the hearing. Applications, such as, special exceptions and site and development plans, which are also heard and decided by the board of adjustment, shall not require additional notices for the board of adjustment meeting. The date, time and place for the board of adjustment meeting shall be announced at the planning and zoning board public meeting.

2.

An application for a special permit requiring a public hearing before the city commission shall be noticed once in a newspaper of general circulation in the area with the publication at least ten days prior to the hearing.

3.

An amendment to these Land Development Regulations, including the official zoning atlas, requiring a public hearing before the city commission shall be noticed in accordance with the requirements of F.S. § 166.041.

4.

In addition to the above stated notice requirements, all rezoning, special exception and variance public hearings before the planning and zoning board and board of adjustment, as applicable, shall also be noticed by prominently posting a sign clearly visible to the public on the property that is the subject of the proposed action. Such sign shall be posted not less than ten days prior to the public hearing. Signs shall also be posted not less than ten days prior to the meeting for site and development plan review by the planning and zoning board. The subsequent review and action by the board of adjustment shall not require additional posting of signs. In addition, the property owners of record on file at the county property appraisers office of properties, which:

(a)

Are zoned agricultural and which abut agriculturally zoned properties on all sides within 1,000 feet of the subject property; or

(b)

Are zoned agriculture, but do not abut agriculturally zoned properties on all sides, or are zoned any other zoning district classification, within 400 feet of the subject property;

shall be notified by the mailing of a notification of the public hearing to be conducted by the planning and zoning board. Such notice shall include the date, time and place of the public hearing, reasonably identify the property that is the subject of the application or appeal, give a brief description of the action requested or proposed, state the place where a copy of the proposed action may be inspected by the public, and advise that interested parties may appear at the public hearing(s) and be heard regarding the proposed action. The notice shall be mailed via U.S. Postal Service certificate of mailing at least ten days prior to the public hearing.

Note: For the purposes of radius notification calculation herein—properties contiguous with a public or private right-of-way shall consider the land use of the property on the opposite side of the right-of-way.

The notices required by this section shall: (a) state the date, time and place of the public hearing; (b) reasonably identify the property that is the subject of the application or appeal; (c) give a brief description of the action requested or proposed; (d) state the place where a copy of the proposed action may be inspected by the public; and (e) advise that interested parties may appear at the public hearing(s) and be heard regarding the proposed action. Actual notices sent to surrounding property owners for planning and zoning board site and development plan review shall not require a subsequent notice for the board of adjustment review and action. Dates, times and places for the board of adjustment review of said site and development plans shall be announced at the planning and zoning board meeting subsequent to action of the board.

4.[5.]

All notices for hearings before the special magistrate or code enforcement board shall be provided to the alleged violator by:

a.

Certified mail, return receipt requested, provided if such notice is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the city by such owner and is returned as unclaimed or refused, notice may be provided by posting as described within this subsection 5., and by first class mail directed to the addresses furnished to the city with a properly executed proof of mailing or affidavit confirming the first class mailing;

b.

Hand delivery by the sheriff or other law enforcement officer, code inspector or other person designated by the city;

c.

Leaving the notice at the violator's usual place of residence with any person residing therein which is above 15 years of age and informing such person of the contents of the notice; or

d.

In the case of a commercial premises, leaving the notice with the manager or other person in charge.

Evidence that an attempt has been made to hand deliver or mail notice as provided above shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice.

(Ord. No. 11-03, § 1, 7-28-2003; Ord. No. 9-04, § 7, 7-12-2004; Ord. No. 03-07, § 1, 2-12-2007; Ord. No. 40-07, § 1, 1-14-2008; Ord. No. 2017-03, § 2, 1-23-2017)