(a) Open Governmental Proceedings Act. The Property Board shall be bound by the requirements of the Open Governmental Proceedings Act, or its successor provision.
(W.Va. Code§ 6-9A-l).
(b) Quorum; Voting: Meetings.
(1) Quorum shall be established at any meeting of the Property Board where all three Members of the Property Board are present. Members may attend via electronic means from remote locations so long as the medium permits those Members present and that Member remote to hear one another simultaneously. The ex-officio members need not be present for a quorum to be present.
(2) Each of the Members shall have one vote on any matters properly coming before the Property Board and proxies shall not be permitted.
(3) All votes shall be recorded in minutes of the meetings.
(4) Meetings shall be held from time to time as called by the Chairperson and properly noticed in accordance with this Article and applicable State Law.
(c) Agenda and Procedure. The Property Board shall conduct its meetings taking up items of business properly before it, and shall cause minutes of the same to be kept and publicly available as required by law. The Board shall conduct its meetings pursuant to the most recent version of Robert's Rules of Order.
(d) Full and Fair Opportunity To Be Heard. The Property Board, when dealing with issues concerning specific lots, parcels, tracts, rights of way, easements or portions of the same, or any improvements thereon, shall adhere to the following additional requirements to ensure a fair and equitable investigation of such property and hearing thereon.
(1) The Property Owner(s) of the Property or Dwelling under discussion may be heard, present evidence, call witnesses, present affidavits or offer any other evidence that the Property Owner( s) may consider to be relevant to the proceedings of the Property Board;
(2) The Board shall hear other Persons coming forward to speak on any issue before the Board during a specified period for public comment which shall be conducted according to the reasonable rules and practices of the Board in the discretion of the Chairperson;
(3) Nothing in this Section or Article shall be read to require the Property Board to abide by the Rules of Civil Procedure, the Rules of Evidence or any other formal set of roles or procedures governing the conduct of administrative or judicial hearings, rather, the Board shall offer all interested parties a full and fair opportunity to present the evidence that the party believes to be relevant within only the general requirement that the same be germane to the condition of the Property that is properly being discussed before the Property Board and that any evidence presented in a reasonable manner in the discretion of the Chairperson.
(e) Record to Include Evidence Presented.
(1) The Chairperson of the Property Board may admit evidence presented by Persons pursuant to sub-paragraph (d) of this section. Persons offering evidence shall provide the Property Board with a copy of the same. Evidence presented may be retained, along with the minutes, in a file pertaining to the Property to become part of the public record.
(2) Members may accord any evidence presented the weight they believe due based on the facts and circumstances as they perceive them.
(3) Neither admission as evidence, nor any conclusion or decision reached by the Property Board, shall be considered an endorsement of any evidence presented or the validity or authenticity of any statement.
(f) Written Findings. The Property Board shall, when considering any particular Property or Dwelling, consider and approve written findings of fact regarding the Property or Dwelling along with its decision.
(Ord. 673. Passed 8-6-12.)