Building Code Board of Appeals Agenda and Packet 2009 06 18

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(d) Prior to the hearing on the application, the chief building official may review the application to determine whether a mutually agreeable alternative can be reached between the parties without having to take the matter to the Board, and may resolve the appeal, if appropriate, before it is taken to the Board. Section 4. Hearing Procedure. At hearing, all witnesses shall be sworn. The procedure for hearings shall be substantially as follows: 1. Chair person opens the hearing, announces the subject matter of the hearing, and describes the procedure for conducting the hearing. 2. Board member disclosure of site visits, ex parte contacts, conflicts of interest. 3. Introduction of exhibits and appropriate documents into the record by the Secretary including of applicable, the application, staff reports, reference maps and plans, and applicable code sections by reference. 4. Building Official presentation of the staffs position, facts and recommendation, followed by Board questions. 5. Applicant's presentation, followed by Board questions. 6. Testimony from any expert witness the Board has retained for that purpose. 7. Applicant's response. 8. Staff summary. 9. Board questions of applicant or staff. 10. Board discussion. 11. Close of public hearing. 12. Board action, as permitted by ordinance. Section 5. Rules of Evidence. The Board shall not be required to observe formal rules of evidence during hearings, but may consider any matter when the Chairperson concludes is reasonably reliable and calculated to the aid of the Board in reaching an accurate determination of the issue involved. Rulings on questions of admissibility of evidence and exhibits will be made by the Chairperson and will stand unless objected to by a member of the Board, in which event the question of admissibility will be decided by a majority vote of the members of the Board present. Exhibits shall be marked and identified for the record for admission into the record of the hearing. Section 6. Decisions of the board. The final disposition of any appeal before the Board shall be in the form of a motion, either sustaining, reversing, or modifying the order, decision, or determination which is the subject of the appeal. Written notice of the Board's decision, signed by the Chairperson, shall be sent to the Applicant within thirty )30_ days after a hearing. The decision of the Board shall be final on the date of the Notice of Decision is made and signed. Section 7. Continuance. Whenever, in the opinion of the Board, a hearing cannot be completed at t reasonable hour on the original hearing date, or for good cause shown, the Board may continue the hearing to a later date. Section 8. Rehearings. The Board may rehear an appeal and may modify its decision thereon if all of the following apply: