§ 39-35. Establishment and duties of hearing officer.

(a)

Appointments and qualifications: For the purpose of hearing and deciding requests for variances and appeals to administrative decisions pursuant to this article, the position of hearing officer is hereby created.

(1)

The hearing officer shall be a member in good standing with The Florida Bar and shall also be a resident of Broward County or have an office in Broward County.

(2)

The County shall provide clerical and administrative personnel as may be necessary for each hearing officer.

(b)

Duties: The hearing officer shall conduct quasi-judicial hearings, take testimony, and review documentary evidence submitted by parties requesting a variance from the terms of the Code as set forth herein, and by parties concerning appeals from an administrative decision rendered by the zoning official relating to any provision of the Code. Such quasi-judicial hearings shall be conducted in accordance with Chapter 1, Article XVII, Quasi-Judicial Proceedings, of the Broward County Code of Ordinances.

(c)

Findings: At the conclusion of the quasi-judicial hearing, the hearing officer shall:

(1)

Defer the matter to a subsequent public hearing to be held not more than sixty (60) days after the originally-scheduled hearing; or

(2)

Act upon the matter, either denying the petitioner's request or approving the petitioner's request; and

(3)

Render written findings of fact on all matters heard. The hearing officer shall issue the final findings and determination after the conclusion of the quasi-judicial hearing. Each member of the County Commission, the County Attorney, and the County Administrator shall be mailed notification of the final findings and determination within seven (7) days after rendition of the final findings and determination in accordance with Section 39-42 of this code. Findings relating to variances shall be in the form of an order. Upon verification that all conditions and limitations of a variance approval have been satisfied, including permits, certificates, or licenses, and if no appeal has been filed with the Board of County Commissioners, the order approving a variance shall also be signed by the zoning official, or designee, and recorded in the public records of Broward County, Florida.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2000-36, § 9, 8-22-00; Ord. No. 2001-13, § 2, 5-8-01; Ord. No. 2001-14, § 2, 5-8-01; Ord. No. 2002-12, § 2, 4-9-02; Ord. No. 2004-05, § 1, 2-24-04; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13)