§ 39-44. Appeals to orders of the hearing officer.

(a)

Appeals to the County Commission: Within thirty (30) days of rendition of the hearing officer's order, the applicant, Division staff, any person within the notification radius, or any person who provided testimony or documentation at the hearing before the hearing officer may appeal the order of the hearing officer authorizing or denying a variance or any order approving, modifying, or reversing any interpretation of the zoning official, to the County Commission. Such request shall be in writing to the Director of the Division specifying the order of the hearing officer being appealed; but no particular form shall be required. The Director of the Division shall place the request for the appeal, including all evidence accepted by the hearing officer and a transcript of the record of the hearing, on the next available agenda for consideration by the County Commission, after complying with the notice requirements set forth within Subsection 39-44(b). The County Commission shall sit as the board of appeals to consider whether the order of the hearing officer was based upon competent and substantial evidence and was in accordance with applicable ordinances. The decision of the County Commission shall be based upon the record established before the hearing officer.

(b)

Notice of appeal to the Board of County Commissioners: The Director of the Division shall provide notice of the appeal hearing, as set forth in Section 39-38, to surrounding property owners, mayors, city managers, unincorporated area neighborhood or civic associations, wellfield operators, condominium and homeowners' associations, and persons who signed up to receive email notifications, as applicable, at least twenty (20) days prior to the appeal hearing. Notice shall also be provided to any interested person who was present at the hearing below and who requested a copy of the hearing officer's order and notice of any appeal hearing before the County Commission. The email notifications provided under this section pursuant to Section 39-38(b)(1)c. are courtesy notifications only and shall not affect the validity of any action taken relative to a variance or appeal of an administrative decision, and failure to receive such notification shall not give rise to a cause of action challenging the order of the County Commission.

(c)

Decision of County Commission: Based upon the record established before the hearing officer, the County Commission shall have the power to affirm the order of the hearing officer; to reject, overrule, or change any order of the hearing officer; or to remand the matter to the hearing officer for further proceedings to address issues set forth by the County Commission. Upon verification that all conditions and limitations of a variance approval have been satisfied, including permits, certificates, or licenses, an order approving the variance shall be recorded in the public records of Broward County, Florida.

(d)

Order of the hearing officer: Unless appealed to the Board of County Commissioners, the order of the hearing officer shall be final thirty-one (31) days after the date of rendition of the final order. The final order of the hearing officer shall be filed with the clerk of the Division with copies to all parties of record.

(e)

Appeal: Appeal of the hearing officer's or the County Commission's order shall be by petition for writ of certiorari to the circuit court pursuant to the Florida Rules of Appellate Procedure, within the latter of thirty (30) days after the final order of the hearing officer becomes final or thirty (30) days after the final order of the County Commission.

(Ord. No. 1998-09, § 2, 4-28-98; Ord. No. 2001-14, § 5, 5-8-01; Ord. No. 2002-12, § 8, 4-9-02; Ord. No. 2004-05, § 5, 2-24-04; Ord. No. 2005-17, § 5, 6-28-05; Ord. No. 2013-04, § 2, 2-12-13; Ord. No. 2018-41 , § 4, 9-25-18)