The provisions of this article apply only to consideration of appeals by the board from decisions and orders of administrative officials under sections 21.30.110—21.30.190.
(AR No. 96-26(S), § 1, 3-12-1996)
In hearing appeals from enforcement orders and administrative decisions, the board shall conduct a full evidentiary hearing and base its decision on the applicable provisions of the Municipal Code, the evidence and argument presented.
(AR No. 96-26(S), § 1, 3-12-1996)
Except for sworn officers of the court, all testimony shall be given under oath, as administered prior to that testimony. After the witness raises his or her right hand the oath shall be read as follows:
"Do you solemnly swear or affirm that the testimony that you are about to give is the truth?" (An affirmative reply by the witness is mandatory.)
(AR No. 96-26(S), § 1, 3-12-1996)
A. 
The chair shall introduce the appeal and explain the procedure to be followed. The appeal case number and the name of the appellant shall be read into the record.
B. 
The board shall hear and rule on any objections to the sufficiency of notice.
C. 
The chair shall call upon all persons intending to testify on the appeal before the board to execute the oath specified in section R21.12.430 above. At the chair's discretion the oath may be administered to all persons as a group or to each individual before commencing testimony.
D. 
The board shall hear a brief staff presentation outlining the appeal.
E. 
The appellant shall give his or her presentation. Throughout the proceedings, the burden of proof rests upon the appellant, who must convince the board by a preponderance of the evidence, that the appeal should be granted. On conclusion of the appellant presentation, the board members and the staff may then direct questions to the appellant through the chair.
F. 
The staff shall then give its presentation. On conclusion of the staff presentation, the board members and the appellant may then direct questions to the staff through the chair.
G. 
The hearing shall then be open for public testimony. All persons who testify may be questioned by the board, staff or the appellant.
H. 
On conclusion of the public testimony, the staff, followed by the appellant, shall have the right of rebuttal presentation.
I. 
The board shall proceed to develop oral findings and conclusions with regard to the appeal and disposition of the appeal. The staff shall reduce the oral findings and conclusions to writing for subsequent adoption by the board at a later meeting.
(AR No. 96-26(S), § 1, 3-12-1996)