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(a) Director to Give Notice. The Director shall give notice of the County’s intention to consider adoption of the development agreement and of any other public hearing required by law or these regulations.
(b) Notice Requirements. Notice for the public hearings to consider adoption of a development agreement shall be given in compliance with Chapter 86.07 (Public Hearings).
(c) Failure to Receive Notice. Failure of any person to receive notice, who is otherwise entitled to notice in compliance with State law or these regulations, does not affect the authority of the County to enter into a development agreement.
(d) Rules Governing Conduct of Hearing. The public hearing shall be conducted in compliance with the procedural standards adopted in compliance with Chapter 86.07 (Public Hearings).
(1) Each person interested in the matter shall be given an opportunity to be heard.
(2) The applicant has the burden of proof at the public hearing on the proposed development agreement.
(e) Irregularity in Proceedings.
(1) No action, inaction, or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, informality, irregularity, neglect, or omission (“error”) as to any matter pertaining to application, finding, hearing, notice, petition, recommendation, record, report, or any matters of procedure.
(2) The only allowable exception to this rule will be if, after an examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed.
(3) There is no presumption that error is prejudicial or that injury was done if error is shown.
(Ord. 4011, passed - -2007)