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Ordinance No. 19770
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Ordinance No. 19770
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6/10/2010 3:46:44 PM
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Council Ordinances
CMO_Document_Number
19770
Document_Title
An ordinance concerning quasi-judicial hearing procedures and land division; amending, renumbering, adding and repealing sections of the Eugene Code, 1971. (See description for listing of all effected code sections.)
Adopted_Date
4/22/1991
Approved Date
4/22/1991
CMO_Effective_Date
5/23/1991
Signer
Jeffrey R. Miller
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regarding participation i n the hearing. The statement shat 1 <br />be subject to crass-examination only upon consent of that <br />member, but shall be subject to rebuttal by the proponent, <br />opponent, or other interested party. <br />8. The presiding officer shall provide opportunity far <br />addi ti anal statements or discussions and proceedings i n con- <br />necti an with the impartiality of members of the hearing. <br />9. Any member who abstains or has been disqualified <br />shat 1 not participate i n discussion of the matter or vote <br />upon any procedural or substantive issue concerning i t. <br />~c} Receive Staff Notes and Re arts of Site views. Staff <br />notes and reports, that have been del i vend to members along with <br />the appl~cat~on or proposal and supporting materials prior to the <br />hearing shall be made part of the record. The presiding officer <br />sha] 1 then request that city staf f summari ze the nature of the <br />proposal, explain any graphic ar pictorial displays which are part <br />of the record, summarize the findings and decisions of whatever <br />body has previously considered the matter, and provide whatever <br />other information i s requested by the hearings body, I f any mem- <br />ber of the hearings body has visited the property which is the <br />subject of the land use application as part of the preparati an <br />for the hearing, any observations from the site view that are <br />relevant to the decision shat 1 be disclosed. <br />~d} Coordi nati an of Testimon . Ta the degree necessary to <br />an orderly process within available time, the presiding officer <br />may consolidate submissions by participants or establish reasonable <br />time limits for presentation of testimony. One or more spokesper- <br />sons for any group may be designated by the presiding officer. <br />fie} Pro anent's Case. The applicant ar his or her represen- <br />tat~ ve shall first be heard, and other persons or groups i n favor <br />of the applicant's proposal shat 1 next be heard. If the applicant <br />or any person representing the applicant provides documentary or <br />oral evidence in support of the application at the hearing, which <br />were not previously submitted under subsection 2.392 ~6} , other <br />than staf f notes ar reports or excerpts thereof, any party sha11 <br />be entitled to a cant i nuance of the hearing as provided i n subpara- <br />graph gym} of this subsection. <br />~ f } Interested Persons . The presiding officer shal 1 next <br />all ow those persons who neither favor or oppose the app1 i cati on <br />and other interested persons to be heard. <br />fig} Op~on,ent'.,s Case. Finally, the presiding officer shall <br />allow persons or groups~~who oppose the application to be heard. <br />~h} Cit Staff Presentation and Recommendations. Appropri- <br />ate city staff members may then present the staff's own analysis, <br />f ~ ndi ngs, and pert Went recommendations. <br />~ i } Quest i an ~,n~,af Witnesses . The questioning of witnesses <br />i s a matter sal ely~~wi thin~~~~-the ~~~~~di scretian of the heari n s bad act- <br />. 9 Y <br />~ ng through the , pres ~ d ~ ng of f ~ cer except as subject ~ an ~ 2 } of sec- <br />t ~ vn 2.394 prov ~ des to the contrary. The presiding officer, as he <br />or she deems i t necessary or desi rab1 e, may permit the questi on i n <br />9 <br />of witnesses by members of the hears ngs body, staff and other i n- <br />terested persons at the conclusion of the witness's presentati an. <br />No questioning of witnesses shall be permitted after the ro on- <br />P P <br />Ordinance - 6 <br />
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