Title:      7           Health and Welfare

Chapter:    7.08        Nuisances

Section:    7.08.830    Conduct of hearing

 

A.  At the time and place specified in the notice to abate nuisance and notice to appear, the board shall review the enforcement official's notice of nuisance and notice to abate nuisance and notice to appear, copies of which shall be admitted into evidence.

B.  In addition, the board shall consider any and all relevant documents and testimony, and such other relevant evidence as shall be presented. The parties may be represented by legal counsel. Testimony shall be taken on oath or affirmation. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross‑examine opposing witnesses on any matter relevant to the issues presented even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness; and, to rebut evidence.

C.  The hearing need not be conducted according to technical rules relating to evidence. Any evidence may be presented if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but may be rejected if deemed to be unreliable. The rules of privileges shall be effective to the extent that they are otherwise required by statute to be recognized at a hearing. Irrelevant and unduly repetitious evidence shall be excluded.

D.  The hearing may be continued from time to time. (Ord. 97‑11 § 2 (part), 1997.)