For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRIEVED OR ADVERSELY AFFECTED PERSON. Any person who will suffer a negative effect to a protected interest as a result of the quasi-judicial action sought by the applicant. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in the community.
APPLICANT. Any person, corporation or other legal entity who files with the Growth Management Department an application for an action which has
been determined by City staff to be quasi-judicial in nature as reflected on the agenda and within the agenda packet for that Council meeting at which said matter will be heard.
CLERK. For any proceeding before the City Council, the clerk is the City Clerk. For any other board, the clerk will be the clerk or secretary designated for the respective board, committee, agency, authority, or special magistrate.
COMPETENT SUBSTANTIAL EVIDENCE. Evidence a reasonable mind could accept as adequate to support a conclusion.
EX PARTE COMMUNICATION. Communication involving a Local Public Official and a member of the public regarding a quasi-judicial matter pending before the City Council or other Quasi-Judicial Body on which the quasi-judicial member serves. Communication between a Local Public Official and City staff shall not be considered ex parte communication.
LOCAL PUBLIC OFFICIAL. Any elected or appointed public official of the City of Palm Bay who recommends or takes quasi-judicial action as a member of a Quasi-Judicial Body.
PARTY or PARTIES. The applicant, the City, and any aggrieved or adversely affected person who has complied with the notice provisions set forth in § 59.03 below.
PRESIDER. For the City Council, the Mayor or, in his/her absence, the Deputy Mayor. For any other Quasi-Judicial Body, the Chair or, in his/her absence, the Vice Chair.
QUASI-JUDICIAL BODY. The City Council sitting in its quasi-judicial capacity, or any other City board, committee, authority or special magistrate sitting in its quasi-judicial capacity.
QUASI-JUDICIAL IN NATURE. The application of a general rule or policy to specific individuals, interests, or activities by the quasi-judicial body, as more specifically set forth in § 59.04 below.
(Ord. 2015-22, passed 5-7-15)