§ 33G-9. Exhaustion of administrative remedies.  


Latest version.
  • (1)

    No person aggrieved by any resolution, order, requirement, decision or determination of any County board, department, or agency in applying the provisions of this chapter to any application or request for the issuance of a development order may apply to the court for relief unless he has first exhausted all applicable administrative remedies provided in the Code of Metropolitan Miami-Dade County, Florida.

    (2)

    Nothing in this chapter shall be construed or applied to constitute a temporary or permanent taking of private property without just compensation or the abrogation of vested rights. Any property owner alleging that this chapter, as applied, constitutes or would constitute a temporary or permanent taking of private property of an abrogation of vested rights must affirmatively demonstrate the legal requisites of the claim by exhausting the administrative remedies provided in Sections 2-114.1 or 2-114.2, and, if applicable 2-114.3, and 2-114.4 of the Code. The procedures set forth in Sections 2-114.1, 2-114.2, 2-114.3 and 2-114.4 for the review of claims pertaining to the application of the Comprehensive Development Master Plan shall constitute the procedures for the review of claims regarding the application of this chapter. Notwithstanding any contrary provisions of the Code of Metropolitan Miami-Dade County, no property owner claiming that this chapter as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation vested rights may pursue such claim in court or before a quasi-judicial body unless he has first exhausted the administrative remedies as provided herein.

(Ord. No. 89-66, § 1, 7-11-89; Ord. No. 90-76, § 5, 7-24-90; Ord. No. 91-24, § 1, 2-19-91)