2004-19 Board of Adjustment Appeals to Circuit CourtORDINANCE 19-2004
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
• BEACH, FLORIDA, AMENDING SUBSECTION (h), JUDICIAL REVIEW OF DECISIONS
OF BOARD, OF SECTION 21-21 OF ARTICLE III, BOARD OF ADJUSTMENT, OF
CHAPTER 21 OF THE CODE OF THE ORDINANCES OF THE VILLAGE TO PROVIDE
THAT AN APPEAL SHALL NOT BE A HEARING DE NOVO, BUT SHALL BE LIMITED
TO APPELLATE REVIEW OF THE RECORD CREATED BEFORE THE BOARD OF
ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. Subsection (h), Judicial Review of Decisions of Board, of Section 21-21 of
Article III, Board of Adjustment, of Chapter 21 of the Code of the Ordinances of the Village is
hereby amended to read as follows:
"ARTICLE III. BOARD OF ADJUSTMENT
Section 21-21. Composition; conduct generally.
(h) Judicial review of decisions of board. Any person or persons,
jointly or severally, aggrieved by any decision of the board of adjustment, or any
officer, department, board, commission or bureau of the governing body, may apply
to the circuit court in the judicial circuit where the board of adjustment is located
for judicial relief within thirty (30) days after rendition of the decision by the board
of adjustment. Such an appeal shall not be a hearing de novo, but shall be limited
to appellate review of the record created before the board of adjustment."
Section 2. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for
any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
Section 4. This Ordinance shall take effect immediately upon passage.
PLACED ON FIIZST READING THIS 8th DAY OF JULY, 2004.
PLACEI~~O~LSECOND, FINAL READING AND PASSED THIS 22nd DAY OF JULY, 2004.
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