§ 23.2-16. Quasi-judicial procedures.

a)

In general . The provisions of this section apply to all quasi-judicial hearings held pursuant to these LDRs. Quasi-judicial hearings shall be conducted generally in accordance with the following order of presentation:

1.

Disclosure of ex parte communications and personal investigations pursuant to subsection h below.

2.

Presentation by city staff.

3.

Presentation by the applicant.

4.

Public comment.

5.

Cross-examination by city staff.

6.

Cross-examination by the applicant.

7.

Cross-examination by the decisionmaking body.

8.

Rebuttal by the applicant.

9.

Closing of the public hearing.

10.

Motion by the decisionmaking body with explanation.

11.

Discussion among members of the decisionmaking body.

12.

Action by the decisionmaking body and entry of specific findings. In the case of denials a citation shall be provided to the legal authority forming the basis of the denial.

The chairperson, upon motion, may change the order of presentation. Each party shall have the right to call and examine witnesses, to introduce exhibits into the record, to cross-examine opposing witnesses on any relevant matter, subject to the rules contained herein, and to rebut evidence.

b)

Sworn testimony . The applicant, staff, and all participants requesting to speak shall be collectively sworn by oath or affirmation.

c)

Waiver by applicant . The applicant may waive its right to an evidentiary hearing if it agrees with the staff recommendation and no one from the audience wishes to speak for or against the application. The decisionmaking body may then vote on the item, based upon the staff report and any other materials entered by staff from the official file into the record of the hearing.

d)

Decorum. The chair shall keep order, and without requiring an objection, may direct a party conducting cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined; is unduly repetitious and not relevant; or is beyond the scope of the testimony by the individual being cross-examined. If the party conducting the cross-examination continuously violates directions from the chair to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the chair may terminate the cross-examination.

e)

Affected parties. Affected parties, as defined in section 23.1-12 (Definitions), (1) shall be allowed to present evidence, to produced witnesses, and to cross-examine witnesses produced by others; (2) may appeal final decisions of staff, HRPB, planning and zoning board, or city commission; and (3) may file suit to enforce the provisions of this article should the city fail or decline to do so. Notwithstanding the foregoing; however, in any suit brought by an affected party, the applicable circuit court shall determine whether the affected party has the requisite standing to bring suit.

f)

Deliberation . After the presentations, and at the conclusion of any continuances, the decisionmaking body shall deliberate on the application or appeal, as the case may be. Once the decisionmaking body begins its deliberations no further presentations or testimony shall be permitted except at the sole discretion of the decisionmaking body. The decisionmaking body's decisions must be based upon competent substantial evidence in the record.

g)

Continuance . The decisionmaking body may, on its own motion or at the request of an applicant, continue the hearing to a fixed date, time and place. The applicant shall have the right to one (1) continuance; however, all subsequent continuances shall be granted at the sole discretion of the decisionmaking body. Notwithstanding the foregoing, a continuance shall not be granted if to do so would delay a decision on an appeal from the HRPB regarding a certificate of appropriateness beyond the ninety-day requirement specified in section 23.2-17.

h)

Ex parte communications . Members of the decisionmaking body shall disclose on the record any ex parte communications and personal investigations regarding pending quasi-judicial decisions in accordance with applicable Florida law.

1.

Members of the decision-making body shall disclose on the record any ex parte communications, site visits, expert opinions sought, and personal investigations regarding pending quasi-judicial decisions prior to any final action on the matter.

2.

The substance of any ex parte communication shall be disclosed including the subject of the communication and the identity of the person, group, or entity with whom the communication took place.

3.

Any written communication shall be made part of the record.

4.

Any site visit, personal investigation or expert opinions received shall be disclosed and made part of the record.

i)

Official file. All written communication received by a decisionmaking body or staff concerning an application, the staff report on the application, any petitions or other submissions from the public, and all other documents pertaining to the application upon receipt shall be filed in the official file for the application, which shall be maintained by staff. The comprehensive plan and the City Code of Ordinances shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours.

j)

Record of the hearing. All evidence admitted into the record at the hearing, and the adopted development order of the decisionmaking body shall be maintained by the city in a hearing file available for public review for a period of at least forty-five (45) days from the rendering of the decision.

(Ord. No. 2014-22, § 7(Exh. F), 9-9-14)