Southeast Overtown/Park West: Appeals

(a)

If a reservation of development credits is rescinded by the planning director pursuant to this article, the credit holder may appeal said action to the city commission by filing a notice of appeal with the city clerk, within 30 days from the date of transmission of the planning director's written notification of reservation of development credit or development credit rescission, and paying a filing fee of $500.00. The notice of appeal shall contain sufficient documentation for the city commission to make a determination as to whether the credit holder has complied with the relevant portion of the time limitations set forth in sections 14-152 and 14-153 herein. A public hearing shall be scheduled for the next available city commission meeting, not to exceed 60 days from the date of appeal, whereupon the city commission shall, by resolution, ratify the action of the planning director or shall reinstate all or part of the reservation of development credits for a time certain not to exceed six months, except as provided below, subject to appropriate terms and conditions, and subject to compliance with subsequent intervals of the time limitations set forth in sections 14-157 and 14-159.

(b)

If work has been halted by court injunction or governmental action, the city commission may reinstate all or part of the credits for a time certain not to exceed one year upon a strong evidentiary showing by the appellant that matters giving rise to the injunction or governmental action have a very high probability of being resolved within six months of the date of the appellant's city commission public hearing.

(c)

Review of actions of the city commission in reinstating a reservation of development credits, reinstating a reservation of development credits subject to terms and conditions, reinstating a portion of a reservation of development credits whether or not subject to terms and conditions, or denying reinstatement of a reservation of development credits shall be by filing a notice of appeal with the circuit court in accordance with the procedure and within the time provided by the Florida Rules of Appellate Procedure for the review of rulings of any commission or board.

(Ord. No. 13406, § 3, 9-26-13)