AFTER-ACTION: Gary Held, First Assistant City Attorney, introduced the item. He explained that the proposed ordinance was a clarification of existing law that already applied to limit special master review of appeals from notices of violation, and that the City Commission referred the item to the Committee during its consideration at first reading. Motion: (Diaz / Wolfson - vote 2-0) The Committee instructed the Administration to bring back the proposed ordinance to the LUDC and incorporate the following changes:
- Remove the applicability clause regarding pending proceedings before the City's Special Master.
- Outside of this particular ordinance, recommend on how to address the due process issue of when and how persons receive notice of administrative determinations by the Planning Director, for example by either posting interpretations to the City's web site, reporting them to the City Commission, codifying them, and/or amending language on notices of violation by Code Compliance that explains that appeals of the Planning Director's or other officials' decisions are to the Board of Adjustment, and other applicable boards.
It appears that despite the Committee's desire to bring the item back to committee for further revision and review, the proposed ordinance has been placed on the Commission's Agenda for April 22, 2009 for 2nd Reading and Public Hearing at 11:15AM. See Agenda item posted here on the City's web site.
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