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Building Code Board of Appeals BYLAWS 2019
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Building Code Board of Appeals BYLAWS 2019
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3/10/2021 2:00:22 PM
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4/16/2019 1:50:28 PM
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City Council Records
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Boards Commissions Committees Records
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Section 1. Recording. A record of any public hearing shall be made by electronic <br />recording device. <br />Section 2. Notice. Notice of a public hearing shall be given in the manner and <br />according to the procedures set forth in applicable City ordinances. <br />Section 3. Rules of Evidence. <br />A. The Board shall not be required to observe formal rules of evidence during <br />hearings, but may consider any matter which the Chair concludes is reasonably reliable <br />and calculated to aid the Board in reaching an accurate determination of the issues <br />involved. <br />B. Rulings on questions of admissibility will be decided by the Chair unless <br />objected to by a member of the Board, in which case the ruling shall be made by the <br />Board. <br />C. The meeting agenda and all agenda -related materials constituting the <br />meeting packet for the meeting at which the hearing is held shall be included within the <br />record of the hearing without further necessity for making and admission thereof. All <br />other documents or other materials offered as exhibits shall be marked and identified for <br />the record before offering them to the Chair for admission into the record of the hearing. <br />Section 4. Appearance. Any party to a hearing may appear before the Board in <br />person or by agent or by attorney. <br />Section 5. Testimony. <br />A. All testimony shall be given under oath or affirmation and all witnesses <br />shall identify themselves by name and address. <br />B. Any party in interest shall be allowed to present evidence and to cross- <br />examine witnesses personally or by counsel. <br />Section 6. Board Questions. Members of the Board may ask questions of any <br />witness but shall refrain from entering into any argument or debate with any witness. <br />Section 7. Applicable Standards. In making its decisions, the Board shall apply <br />the criteria set out in City ordinances and applicable state laws. <br />Section 8. Burden of Proof. <br />A. For appeals of a final decision of the Building Official, unless otherwise <br />required by law, the burden of proof is on the appellant to show that the appellant meets <br />the criteria set out in City ordinances and applicable state laws. <br />141 Page <br />
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