Building Code Board of Appeals Agenda and Packet 2020 10 15

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Building Code Board of Appeals Meeting Minutes (DATE) Page 2 of 27 Berry stated that on July 23,2020 he opened the Show Cause after receiving a request from Severy Creek, to continue the hearing. The extension was granted with the condition that Severy Creek not be allowed to pull any further permits until after the continued hearing date of 8/17/2020. Berry stated -the purpose of the hearing is to receive evidence and testimony in order to enable the board to make findings and reach a conclusion as to whether there is sufficient evidence proving the licensee violated one or more of the laws and regulations specified in the order to show cause, and if so, whether revocation or suspension of the licensee's license is appropriate. Berry continued, the board will not observe formal rules of evidence but may consider any matter, which, I as Chairperson, conclude as reasonably reliable and calculated to aid the Board in reaching an accurate determination of the issue involved. Board members may question any person addressing the Board at any time. The attorney for the Board, Nick Cotton Baez, is present at this hearing. Berry asks if there are any matters to be addressed before the procedures for the hearing are given. Gollin, special prosecutor, stated he has no preliminary matters, but would tell the board there is a witness testifying through a phone call because he is in the Marines at Camp Pendleton. He is a CO attorney and JAG officer. There are no matters from Licensee. Baez, advises the board to ask Licensee if he objects to the phone in witness. Gollin states the witness is Craig Clark, attorney for Fordyce Auto and Mackey Holdings. Berry adds the evidence from Clark is in the secondary packet. Burgener states the secondary packet was sent to Severy through certified mail to two addresses, then was emailed. Severy states (inaudible). Burgener adds two certified return signatures came back. Severy does not object to phone in witness. Gollin asks that certified return signatures be added to the record. Burgener states she has the receipts. Berry confirms the receipts will be added to the record of matter. PROCEDURES FOR HEARING: Berry stated, the order of the hearing is as follows: Opening statements by the City and the Licensee Presentation of evidence by the City (including witnesses), followed by the Licensee's opportunity to ask questions to the city. Presentation of evidence by the Licensee (including witnesses) followed by the City's opportunity to ask questions of the Licensee. Additional rebuttal evidence of the city by Licensee, if any