(A) Validity of action. Notwithstanding any provision of this chapter which sets forth a procedure for any matter herein, no decision, action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including, but not limited to, any irregularity, informality, neglect or omission) which pertains to an application, notice, decision, finding, record, hearing, report, recommendation or any other procedural matter whatsoever unless:
(1) The procedure is required by state or federal law; and
(2) In an examination of the entire circumstances, including the evidence, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant as shown by the following:
(a) Had the error not occurred the decision made pursuant to the procedure would have been different; and
(b) Because of the error, the complainant suffered an injury for which relief must be given.
(B) Presumption of validity.
(1) The court shall presume that a decision or action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial, or that an injury occurred.
(2) The complainant shall have the burden of proof by a preponderance of the evidence to show that an error is prejudicial or that an injury occurred.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 311)