§ 21.05.040. Hearing procedures.  


Latest version.
  • A.

    Opening statements. The parties of their attorneys may make an opening statement of not more than five minutes, unless additional time is requested in advance of the hearing and is necessary to the full and fair presentation of the party's case.

    B.

    Witnesses. The parties may call as many witnesses as are required to make or defend their case.

    1.

    All witnesses shall be sworn in by the municipal clerk and shall provide their testimony under oath.

    2.

    The conduct of witness examination shall be governed by section 3.60.045, provided however, the chair of the assembly may require any examination or cross-examination to be conducted through the chairman when necessary for good order and discipline in the conduct of the hearing.

    C.

    Evidence and objections. The admission of evidence shall be governed by section 3.60.045.

    1.

    Objections to evidence and exhibits shall be made at the time the evidence is presented at the hearing and shall be ruled on by the chair at such time.

    D.

    Closing statements. When all evidence has been submitted by the parties, each party may make a closing statement not to exceed ten minutes.

    E.

    Ruling or decision. After closing statements are completed, the chair may entertain a motion to act upon the conditional use permit or special land use permit which motion must be seconded to be considered by the assembly.

    1.

    Before action on a conditional use permit or special land use permit may be taken, the applicant seeking the action must establish by a preponderance of the evidence that the requested action is warranted and in accordance with law.

    2.

    After the motion has been seconded, the maker of the motion shall state whether he/she supports the motion and shall articulate for the record the factual evidence constituting a preponderance of the evidence in support of a conclusion that the violations occurred and that revocation is warranted.

    3.

    After all assembly members wishing to explain their reasoning on the record have done so, the chair shall call for a vote on the motion.

    4.

    The decision of the assembly shall be announced on the record.

(AR No. 98-251(S), § 1, 8-25-98; AO No. 2016-3(S), § 25, 2-23-16 )