Ord 1982-043 - Laserfiche WebLink

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-9- be held before the Board of Adjustments and Appeals to consider the appeal from the order of the Building Inspector regarding property located at You may choose to be represented by counsel. You may present relevant evidence and will be given an opportunity to cross-examine all witnesses. You may request the issuance of subpoenas to compel witnesses to appear and for the production of other supporting data or documents by filing a written report therefor with the Board. (d) The hearing notice shall be served personally or mailed as required in Section 7 1/2-7(c) (7) at least fifteen (15) days prior to the date set for the public hearing. Public notice shall be given by publication one time in a newspaper of general circulation in the City of San Marcos, stating the time and place of said hearing and identifying the premises. Said publication shall be at least fifteen (15) days prior to said public hearing. (e) The Board may issue subpoenas for the attendance of witnesses or the production of evidence at the hearings. Subpoenas may be issued upon the request of any member of the Board, or upon the written request of any party involved in the hearing. The issuance and service of subpoenas shall be in accordance with established law. (f) Any person who refuses, without legal excuse to respond to any subpoena lawfully issued and served may be prosecuted to the extent established by law. (g) The Board may grant continuances for good cause. (h) Testimony shall be presented under oath administered by the Chairman of the Board. (i) The rules of evidence as applied in non-jury civil cases in the district courts of this State shall be followed. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under them may be admitted (ex- cept when precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The rules of privilege recognized by law shall be effec- tive in said public hearings. Objections to evidentiary offers may be made and shall be noted in the record. (j) The Board may inspect any building, structure or premises involved in the appeal during the course of the public hearing, provided the following are complied with. (1) Notice of such inspection is given to the parties prior to making the inspection, and (2) the parties are allowed to be present during the inspection, and (3) the inspector shall state for the record, upon completion of the inspection, the facts observed and any conclusions drawn therefrom.