The appellant, the Code Enforcement Officer, and any other party to an appeal shall have these rights:
(A) To call and examine witnesses on any matter relevant to the issue of the hearing;
(B) To introduce documentary and physical evidence;
(C) To cross examine opposing witnesses on any matter relevant to the issues of the hearing;
(D) To rebut evidence;
(E) To subpoena witnesses to appear and give testimony on that party's behalf or to produce records, books, papers, and documents relating to any matter related to the hearing. Any application for a subpoena shall be submitted to the Chairman of the Planning and Zoning Commission for consideration at least ten days in advance of the hearing. The Chairman shall not unreasonably refuse to issue the requested subpoena. Any subpoena must be issued and served no later than five days before the scheduled time of the hearing. All costs related to the subpoena, including the witness fee and mileage fee at the rate provided by statute, SDCL Ch. 19-5, shall be paid by the party requesting the subpoena;
(F) Any party who fails to appear at the hearing is deemed to waive the right to a hearing and the adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.
(Ord. 966, passed 10-5-2020)