(A) Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
(B) Oral evidence. Oral evidence shall be taken.
(C) Heresay evidence. Heresay evidence may be used for the purpose of supplementing or explaining any direct evidence.
(D) Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely on 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 in court of competent jurisdiction in this state.
(E) Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
(F) Rights of parties. Each party shall have these rights, among others:
(1) To call and examine witnesses on any matter relevant to the issue of the hearing;
(2) To introduce documentary and physical evidence;
(3) To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
(4) To impeach any witness regardless of which party first called the witness to testify;
(5) To rebut the evidence;
(6) To be represented by an attorney admitted to practice law in the state.
(G) Official notice of documents and things.
(1) What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact or of official records of the board of departments and ordinances of the city or rules and regulations of the board and of any notices or inspections of the city. These include all notices issued by the unsafe building department, including the inspection report and photographs.
(2) Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
(3) Opportunities to refute noticed matters. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board or hearing examiner.
(4) Inspection of the premises. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing, provided that:
(a) Notice of such inspection shall be given to the parties before the inspection is made;
(b) The parties are given opportunity to be present during the inspection; and
(c) The board or hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner.
(Ord. 1462, passed 7-17-06)