It is the intent of the City to provide an equitable and efficient manner for the City to hear matters which are considered quasi-judicial in nature. Notwithstanding other provisions in the City Code of Ordinances, this Article sets forth the City's procedures to be utilized for quasi-judicial proceedings. These procedures shall be utilized by the PZB and the City Commission in regards to hearings on quasi-judicial matters in which their body is the final authority and as otherwise required in the ULDR.

(Ord. No. 848, 10-14-03; Ord. No. 2014-007, § 10, 12-9-14)

As used in this Article, the terms listed below shall be defined as follows:

Affected person means a person (or persons), natural or corporate, who is the owner of the subject property or who owns property within three hundred (300) feet of the subject property as listed in the records of the Broward County Property Appraiser, who resides in or operates a business within three hundred (300) feet of the subject property.

Board means the Planning and Zoning Board of the City of Wilton Manors, Florida.

City or City Commission means the City Commission of the City of Wilton Manors, Florida.

Local public official means any elected or appointed public official holding a City office and who recommends or takes quasi-judicial action as a member of a board or commission.

Party or parties means the petitioner, City and any affected person who has requested to be heard at the proceeding.

Quasi-judicial in nature means the application of a general rule or policy to specific individuals, interests or activities.

Quasi-judicial proceeding means hearing held by a board or the City Commission to adjudicate private rights of a particular person after a hearing which comports with due process requirements, and makes findings of fact and conclusions of law on the issue.

Site specific means an individual piece of real estate which can be clearly defined by street address, legal description or similar means at a single identifiable location.

Special master means the individual(s) retained by the City to conduct quasi-judicial hearings that would otherwise come before the City Commission for hearing as contemplated by this Article.

(Ord. No. 848, 10-14-03; Ord. No. 2014-007, § 11, 12-9-14)

For the purposes of this Article, the following matters, regardless of whether the final determination is made by the City Commission or a board, shall be considered to be quasi-judicial:

(A)

Site specific rezonings and site plans;

(B)

Temporary use permits;

(C)

Conditional use approvals;

(D)

Variances, including, but not limited to, trees, signs, setbacks, distance requirements between buildings or other variances permitted by the City Code;

(E)

Plat approvals;

(F)

Special exceptions which relate to the use of land and businesses;

(G)

Vested rights determinations

(H)

Any other matters the City Attorney determines are subject to quasi-judicial hearing.

(Ord. No. 848, 10-14-03)

(A)

Ex-parte communications are not presumed prejudicial, provided any disclosure required in Subsections (1), (2) or (3) below is made before or during the public meeting at which a vote is taken on the matter.

(1)

The substance of any ex-parte communication with a local public official that relates to quasi-judicial action pending before the official is not presumed prejudicial to the action if the subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record.

(2)

A local public official may read a written communication from any person. However, a written communication that relates to quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action and such written communication shall be made a part of the record before final action on the matter.

(3)

Local public officials may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activity shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter.

(B)

Presentation of evidence.

(1)

Persons testifying before a board or the City Commission shall be requested to be sworn in. Unsworn testimony shall not be afforded the same weight as sworn testimony. The petitioner, members of a board or the City Commission and any affected person who has provided notice that it intends to appear at the proceeding shall be given the opportunity to present evidence, bring forth witnesses, and in some instances as set forth herein, cross-examine any witnesses.

(2)

All evidence relied upon by reasonably prudent persons in the conduct of their business shall be admissible, whether or not such evidence would be admissible in a court of law. However, immaterial or unduly repetitious evidence shall be excluded.

(3)

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding.

(4)

Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(5)

A party shall be entitled to conduct cross-examination when testimony is provided by a sworn witness, or documents are made a part of the record.

(6)

The Office of the City Attorney shall represent the board, staff, and City Commission. Any questions as to the propriety and admissibility of evidence shall be presented to the City Attorney's Office in a timely fashion.

(C)

Procedures for quasi-judicial proceedings. The procedures shall be conducted in an informal manner in substantial accordance with this Article. Each party shall have the right to do the following:

(1)

To call and examine witnesses;

(2)

To introduce exhibits;

(3)

To cross-examine only those opposing witnesses who have been sworn on any relevant matter; and

(4)

To rebut evidence.

(D)

Conduct of quasi-judicial proceedings. To the extent possible, the following shall be the order of the proceedings:

(1)

Call the proceeding to order and announce the beginning of the proceeding. A majority of the board or City Commission members must be continuously present during the proceeding.

(2)

Parties, party interveners, experts and other witnesses who wish to be sworn shall be sworn, however, parties, party interveners and experts must be sworn. Other parties need not be sworn. The decision making body shall assign such weight to unsworn testimony as it deems appropriate.

(3)

The matter to be heard and the rules concerning the admissibility of evidence should be announced.

(4)

Statements of counsel shall only be considered as argument and not be considered as testimony. Counsel for parties and unsworn witnesses shall not be subject to cross-examination. The board or the City Commission shall have the authority to refuse to hear any testimony that is irrelevant or repetitive.

(5)

Petitioner, or his or her representative, may make a presentation. The petitioner shall make its presentation first. If the petitioner chooses to make a presentation, it should include a description of the nature of the petition if there is additional information that has not been previously provided to or by the City. In addition, the petitioner shall introduce any exhibits and witnesses.

(6)

The City shall make its presentation after the petitioner. During its presentation, the City shall present any staff, board or other reports on the matter as well as any comments.

(7)

Persons who are in support of the petition shall make their presentation. The parties shall introduce any exhibits and witnesses.

(8)

Persons who are in opposition to the petition shall make their presentation. The parties shall introduce any exhibits and witnesses.

(9)

City personnel in attendance shall provide responses to any party to the proceeding.

(10)

After each witness testifies or documents are made a part of the record, a party shall be permitted to question the witness if the witness was sworn. The questioning party is not permitted to make any statements, only to ask questions which are directly related to the testimony presented.

(11)

Final presentation by petitioner in response to any testimony from other parties.

(12)

Final presentation by City in response to any testimony from other parties.

(13)

The board or the City Commission shall deliberate on the petition. The board or the City Commission shall discuss the evidence that was presented at the proceeding and vote on the petition.

(E)

Consent process.

(1)

All applications for the development approvals that are quasi-judicial matters that are required to be approved by the City Commission may be placed on the quasi-judicial consent agenda. If an application is not removed from the quasi-judicial consent agenda, the City Commission shall vote on the quasi-judicial consent agenda based upon the materials in the agenda report(s). Prior to the placement on the quasi-judicial consent agenda, all applicants shall sign a notarized statement that the applicant concurs with the staff report and recommendation. If no notarized statement has been obtained from the applicant, then the development approval shall be heard and processed as set forth above.

(2)

The applicant, any Commissioner or any member of the public may request that an application for a development approval be removed from a quasi-judicial consent agenda and, except as otherwise provided in Subsection (3) below, such item shall be continued and shall be scheduled on the next regular City Commission (non-consent) agenda approximately two (2) weeks after the date it was removed from the quasi-judicial consent agenda or such other date as applicant and City Commission agree upon.

(3)

The applicant may request that the City Commission listen to testimony, receive documentary evidence and take action on the application at the meeting at which the application is removed from the quasi-judicial consent agenda.

(4)

All applications for development approval which are placed on a quasi-judicial regular (non-consent) agenda or that have been removed from the quasi-judicial consent agenda shall be heard pursuant to and in accordance with the procedures set forth in this Article.

(F)

Continuances and deferrals. If, in the opinion of the board or City Commission, any testimony or documentary evidence or information presented at the proceeding justifies providing additional time to allow additional research or review in order to properly determine the issue presented, the board or City Commission shall continue the case to a designated time to allow for the additional research or review. After the decision is made to continue, the date to which the proceeding shall be continued shall be announced at the proceeding.

(G)

Transcription of the quasi-judicial proceedings. The official record of a proceeding shall be preserved by tape recording or other device by the City Clerk's Office. Nothing precludes any party from providing a court reporter for the proceeding.

(H)

Maintenance of evidence and other documents. The Office of the City Clerk shall retain all of the evidence and documents presented at the proceeding, except for large-scale exhibits which shall be retained by the City Manager, all which become a part of the public record of the proceeding.

I.

Appeal of final determination by Board or City Commission. The final determination of the City Commission is subject to judicial review in a court of competent jurisdiction. The final determination of a Board is subject to review by the City Commission prior to any judicial review.

(Ord. No. 842, § 2, 6-24-03; Ord. No. 848, 10-14-03)