Ordinance 88-041 ORDINANCE NO. 88-_41.
AN ORDINANCE AMENDING ORDINANCE NO. 75-16, AS
AMENDED, BY PROVIDING PROCEDURES FOR THE
RECONSIDERATION OF CERTAIN MATTERS BY THE ~'~
.~;.BOARD OF COUNTY COM/4ISSlONERS; AMENDING THE ~:~
: lURECONSIDERATION PROCEDURE; PROVIDING CO.~IFLICT
'<.'.--~AND SEVERABILITY; PROVIDING AN EFFECTIVE
~- E~FORE BE IT O~AINEO BY THE BOA~ O~ COm~_
CO~ISSI~RS OF COLLIER CO~, FLORIDA, that:
~...
SECTION ONE:
Section One, Paragraph 7, of Ordinance No. 75-16 as amended
is hereby amended to read as follows:
7. Reconsideration of Zoning and Comprehensive Plan
Requests.
a. Applicability. This paragraph applies as follows:
(1] To situations in which the Board of County
Commissioners has denied a request to change the
land use designation of a parcel of land pursuant
to the Comprehensive Land Use Plan or where the
Board of County Commissioners has denied a
proposed petition to change the zoning
classification on a parcel of land. A request for
reconsideration may be made only by the
petitioner, en~y-whe~e-~he-~et~en-ha~
~eee~ved-~ee~mmen~at~ns-ef-aDD~eva~-f~m-be~h
s~aff-and-a~-app~ep~a~e-adv~se~y-~ea~ds?-a~d
em~y-~m-aeee~anee-w~eh-ehe-p=eee~zes-prev&~ed
he=e~n?
(2) To all situations in which the Board of
County Commissioners, acting in a quasi Judicial
capacity, has denied a license, permit, or other
approval.
as-aDD~D~ate-have-~ee~mmen~e~-aDp~eva~T
b. Request for Reconsideration. The petitioner
shall request reconsideration of h&s ~ petition in
writing to the County Manager within 15 days of the
date of the Board's action denying the original
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petition. This request shall be Jurisdictional, and no
motion for reconsideration may be made by any member of
the Board where such a request was untimely except as
provided in subparagraph hT i~below.
c. Motion for Reconsideration. Any member of the
Board who voted with the majority (or in the case of a
rezoning, voted against) on the original petition may
move for a reconsideration of the petition at any
regular meeting of the Board within 15 days from the
date of the request for reconsideration. This motion
shall be made during that portion of the Board*s agenda
entitled **Board of County Commissioners' Report*'. If
no motion for reconsideration is made during this time
period, the request shall be deemed denied. The motion
may specify a date certain upon which the petition will
be reconsidered, but in no event shall such
reconsideration take place less than 14 days nor more
than 30 days from the date the motion is adopted.
d. Action on Motion for Reconsideration. The Board
shall either act on the Motion for Reconsideration at
the meeting at which such motion is made, or may table
the motion for no longer than the next regular meeting
of the Board. If the motion is not finally acted upon
by the adjournment of the next regular meeting of the
Board after the motion has been made, it shall be
deemed to have been denied.
e. Scheduling of Petition for Reconsideration. If
the motion for reconsideration is granted, the County
Manager shall schedule the petition on the agenda for
the regular Board meeting which was specified in the
motion for reconsideration, or if no date is specified
then on the 4th regular Board meeting following the
meeting at which the motion is granted.
f. No Hearing or Debate on Motion
for Reconsideration. A motion forreconsideration
Words s~r~ek-~hre~h are deleted~ words underlined ~r~ ~d~.
shall not require public hearing, and neither the
petitioner nor any other person shall have the right to
address the Board considering the merits of such a
motion. However, the Board may request information of
the petitioner, the staff, or any other person in order
to better inform itself prior to acting upon the
motion. The purpose of this provision is to prevent
either the petitioner or any other person from debating
the merits of the petition prior to its full
consideration at a regularly scheduled Board meeting
where the petition is reconsidered.
g. The procedures outlined herein shall not
constitute an administrative remedy, and the defense of
failure to exhaust administrative remedies shall not be
raised if a petitioner declines to utilize these
procedures and instead elects to pursue Judicial
remedies following the denial of the petition.
Further, the time period for seeking Judicial relief
following denial of those matters contemplated by
subparagraph a.(2) above shall run from the time the
Board votes on such matter, and a motion hereunder
shall not alter such time period.
h. Where the initial vote was made after an advertised
public hearing any reconsideration of such vote shall
Comply with all advertisement and notice provisions
that were legally.required for the initial public
hearing.
i._%. hT Reconsideration of Petitions Recently Denied.
In recognition of the fact that several petitions for
which this paragraph would be applicable have recently
been denied by the Board, and in recognition of the
fact that the reconsideration of some of these
petitions may be meritorious and in the public
interest, it is hereby declared that the provisions of
subparagraph b. above are hereby waived for any
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petitions otherwise entitled to reconsideration which
have been denied by the Board subsequent to May 1, 1981
and prior to the effective date of this ordinance. In
lieu of the requirements of subparagraph b.,
petitioners who are otherwise eligible for
reconsideration may request reconsideration in writing
no later than 15 days following the adoption of this
ordinance.
SECTION TWO. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION THREE. EFFECTIVE DATE
This ordinance shall become effective upon receipt of notice
from the Secretary of State that this ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, thisw;W~ay of ~ ,
Kenneth B. Cuy~r
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ARNOLD LEE GLASS, Chairman
,o,, 030,-,:338
4
Words s~uek-~h~e~h are deleted; words underlined are added.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 88-41
which was adopted by the Board of County Commissioners on the
26th day of April, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of April, 1988,
JAMES C. GILES
Clerk of Courts and Clerk
Ex-offioio to Board of
County Commiss ioners
Deputy Clerk
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