§ 9-12. Hearing before BCBAA; final decision by board; appeals.

(a)

Quasi-judicial hearing procedures .

(1)

Notice . A quasi-judicial hearing before the BCBAA may be held at any time after not less than ten (10) days' notice by certified mail, return receipt requested, to the address given to the division of building safety by the appellant, applicant or complainant. If such notice is returned as unclaimed or refused, notice may be provided by publication in accordance with F.S. § 120.60(5).

(2)

Hearing, rules of evidence . The formal rules of evidence shall not apply during quasi-judicial hearings, but fundamental due process shall be observed and govern the proceedings. The chairman of the BCBAA shall have the authority to designate evidence as irrelevant, immaterial or unduly repetitious and exclude such evidence accordingly. However, all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, regardless of whether such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The board may request certain evidence to be provided by an architect or engineer registered in the state, in which case it shall be signed and sealed.

(3)

Hearing testimony . Any member of the BCBAA or the attorney representing the board may inquire of or question any witness before the board. Any member of the board, an appellant or his attorney, an applicant or his attorney, a complainant or his attorney, the person who is the subject of a complaint or his attorney, and/or the building official shall be permitted to inquire of any witness before the board. The board may consider testimony presented by the building official, the appellant, the applicant, the complainant, the person who is the subject of a complaint, or any other witness.

(b)

Final decision by board . The BCBAA shall reach a decision in every case, regardless of whether it is quasi-judicial or quasi-legislative in nature, without unreasonable or unnecessary delay. Each quasi-judicial decision of the board shall include the reasons for the decision. Each decision of the board shall be promptly filed in writing with the secretary of the board and shall be open to public inspection. A certified copy of each decision shall be sent by certified mail to the appellant, the applicant, the complainant, and/or the person who is the subject of the complaint, whomever is applicable. Each decision of the board shall be final, and no rehearings shall be allowed.

(c)

Appeals . A quasi-judicial decision of the BCBAA may be reviewed either as a matter of right by a court of competent jurisdiction upon the filing of an appropriate pleading by an aggrieved party no later than thirty (30) days after the board's final decision is rendered, or as otherwise provided by law.

(Ord. No. 91-2, § 11, 1-15-91; Ord. No. 92-36, § 10(d), 11-10-92; Ord. No. 93-02, § 8(d), 1-19-93; Ord. No. 93-21, § 3, 9-14-93; Ord. No. 97-27, § 32, 12-30-97; Ord. No. 2001-26, § 1.A., 12-18-01; Ord. No. 2005-13 , § 1(G, HH), 10-4-05; Ord. No. 2015-06 , 1, 2(A), 6-16-15)