AM I A FARM?
Chapter 12, Sec. 12-34(B)
Administrative Determinations
Any person who has not been granted an agricultural classification pursuant to Section 193.461, F.S. and is claiming that a parcel of land or a portion of a parcel of land is a farm shall make application for an administrative determination. Requests for such a determination may be made to either the building official or the code compliance official on forms provided by the Development Services Department.
Whichever official receives the written request shall forward a copy of the application to the other official. Both officials shall jointly review the application and any supporting documents to determine whether the parcel is a farm and whether the activities taking place on the parcel are farm operations and activities in accordance with the criteria as set forth below in subparagraph 16. Within forty-five (45) calendar days after the receipt of a complete and sufficient application, the officials shall jointly either grant the application or respond to the applicant in writing as to the reason or reasons for denial. If the code compliance official and the building official cannot agree as to whether the application should be granted, the decision will be deemed to be a denial. The decision shall be mailed by U.S.
mail to the address indicated on the application, return receipt requested.
If the applicant disagrees with the determination of the officials, the decision may be appealed by notifying either official in writing that the applicant is appealing the administrative determination. The notification shall be received no later than thirty (30) calendar days after the administrative decision is rendered. If the notification is not received within thirty (30) days after rendition of the decision, the applicant is deemed to have waived the right to challenge the decision. For the purposes of this subparagraph, the term rendered means ten (10) calendar days after the date the decision was mailed. The time frame to seek an appeal shall be stayed until the final determination by the Broward County Value Adjustment Board if the applicant has appealed the decision of the classification of their property
pursuant to Section 193.461, F.S.
Upon receipt of a timely notice of appeal, the appeal shall be assigned to a hearing officer. The procedures for conducting hearings shall be approved by a resolution of the Town Council and incorporated in the Town Code. The hearing shall be set no later than sixty (60) days from the date of the notice of appeal unless an extension of time is requested or agreed to by the applicant.
The Town attorney shall represent the Town in the administrative hearing. The hearing officer shall determine whether the parcel is a farm and whether the activities taking place on the parcel are farm operations and activities in accordance with the criteria as set forth below in sub-paragraph 16 and the definitions of farm set forth within Section 12-503 of the Land Development Code and agricultural uses as that term is defined pursuant to Section 12-32(A), applicable statutes, or established case law.
Nothing in this section prohibits the officials from reconsidering and reversing a denial of the administrative decision at any time prior to the start of the hearing before the hearing officer.
The hearing officer shall, within forty-five (45) days of the hearing, issue a proposed order which shall include findings of fact and conclusions of law with respect to the claim of the applicant.
The decision of the hearing officer is final. Appeal of the hearing officer’s decision shall be by petition for writ of certiorari to the circuit court pursuant to the Florida Rules of Appellate Procedure within thirty (30) days of the rendition of the hearing officer’s findings.
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