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HomeMy WebLinkAbout2018-10-08 BOAA Agenda Packet Additional InfoBEFORE THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA, A HEARING ON THE APPEAL OF A NOTICE AND ORDER TO VACATE, 3149 MAIN STREET 1. I will call the Hearing to order. I will note for the record that this Hearing is being tape recorded. 2. We will now commence with the Hearing regarding an appeal of a Notice and Order to Vacate concerning 3149 Main Street in Chula Vista, California. It is alleged that the building at this address is an unsafe building because it has unpermitted construction and alternations, specifically that the egress is inadequate and that it is a potential fire hazard. It is also alleged that the building is being maintained as a public nuisance as an unlawful marijuana business, in violation of Chula Vista Municipal Code Section 5.66.020 and is otherwise dangerous to human life. 3. The record will show that this Hearing is being held at a regular meeting of the Board of Appeals & Advisors, which is a noticed public meeting; that this matter is Action Item No. 3 on the Board's Agenda for October 8, 2018; that the location is Conference Room 137, in Public Service Building B, 276 Fourth Avenue, Chula Vista, California; and that this Hearing is commencing at [TIME] p.m. on October 8, 2018. 4. The record will show that I, [NAME OF CHAIR], Chair of the Board of Appeals & Advisors, will preside over the Hearing on behalf of the Board. 5. Pursuant to Section 2.26.030.D of the Chula Vista Municipal Code, the Board is acting in this matter as an Administrative Appellate Body to hear and decide appeals of orders, decisions, and determinations made by City Officers relative to the application of and interpretation of City - adopted building codes. These codes govern use, including abatement and nuisance, maintenance, and change of occupancy. The Board's role in this matter is to provide Due Process, which is notice and an opportunity to be heard before a fair and neutral decision -maker. Accordingly, the Board's role in this matter is not to act as an advocate for either party but as a neutral and unbiased decision -maker, showing fairness to both parties, equally. I am assisted by Carol Trujillo, Deputy City Attorney, acting as legal advisor to the Board for this Hearing. 6. 1 ask that everyone in the Hearing identify themselves for the record by stating their first and last name and include their role if applicable. I will start, then go to my left. 2 7. For the record, I ask that Appellant [NAME], prior to leaving today, provide which address any further notices or communications may be served upon him/her. 8. Any objections, motions, arguments or procedural questions should be directed to me. Wait for my response before continuing to speak. 9. This is not a court proceeding. Accordingly, we are not bound by the technical rules of evidence applicable to civil or criminal proceedings conducted in the courts of this State. However, it is our desire to proceed expeditiously and to hear only such evidence that is pertinent to the issues. Therefore, I ask that the parties and their representatives confine the evidence to the issues and avoid the introduction of irrelevant and immaterial matters. 10. All testimony of witnesses will be under oath, and witnesses will be subject to all applicable penalties provided by State law for perjury. 11. I will take judicial notice of the Chula Vista Charter and the Chula Vista Municipal Code, and they will part of the record in this matter. 12. The order of procedure shall be as follows, pursuant to Chapters 1.30 and 1.40 of the Chula Vista Municipal Code: • Both parties may make an opening statement or remarks. The City shall go first and then Appellant. 3 • The City shall present its case. • Appellant may present his/her case. • After a witness testifies, the other party may ask questions of that witness. • For the record, I will make a list of witnesses and any exhibits introduced by the parties and will mark exhibits as Admitted or Not Admitted. • After the parties present their cases, Board members may ask questions of either party. • Both parties may make a closing statement or remarks. The City shall go first and then Appellant, with the City having a final statement. • After the final statement, Board members may discuss the evidence presented, make a motion reflecting a decision on the appeal, vote on the motion, and direct the City Attorney's Office to draft a written decision that reflects the Board's deliberations and decision. A written decision is required by City code. The Hearing will be continued to a future date so the Board may review and adopt the written decision. That Hearing date may be at special meeting, with 24 hours public notice, or at the Board's next regular meeting. 13. The City has the burden of proving the allegations. The 4 standard of proof is Preponderance of the Evidence. The Preponderance of the Evidence is established when the weight of the evidence supporting a fact in contention has the more convincing force, when balanced against evidence refuting the same fact. 14. Are there any preliminary matters which the parties desire to present for consideration? Are there any questions from Board Members or the parties on the procedure for the Hearing? [LISTEN TO AND ADDRESS QUESTIONS. IF NONE, STATE "THERE WERE NO QUESTIONS." THEN PROCEED TO THE NEXT PARAGRAPH, ADMINISTERING THE OATH FOR ALL WITNESSES.] 15. All witnesses, please gather and stand before me, raise your right hands, and give an answer to the following Oath for Witnesses: "Do you solemnly swear or affirm that the testimony you shall give in this matter shall be the truth, the whole truth, and nothing but the truth." 16. For the record, I note that all witnesses gave an affirmative answer and were sworn in. 17. [NAME OF CITY may give an opening statement. 5 REPRESENTATIVE], you