Spokane Municipal Code

Title 07 Finance

Chapter 07.05 Local Improvements

Article IV. Hearing Provisions

Section 07.05.480 Testimony and Argument

1. The rules in this subsection apply to hearings held before the hearing examiner for both the formation and assessment of local improvement districts. The hearing examiner may:

1. 1. take official notice of judicially cognizable facts and general, technical or scientific fact within his specialized knowledge, so long as any such noted facts are included in the record and findings;

1. 2. call witnesses and request written evidence to obtain necessary information to make a decision or recommendation;

1. 3. request a written comment from and the appearance of a designated representative of any City department that has an interest in or may affect a proposed local improvement district;

1. 4. require that testimony be given under oath or affirmation;

1. 5. allow cross-examination of witnesses;

1. 6. accord such weight to the evidence as is deemed appropriate, the judicial rules of evidence not being strictly applied.

2. During a local improvement district formation hearing, any person who would be affected by the formation of the local improvement district may testify and all reasonably probative evidence is permitted.

3. During a local improvement district assessment roll hearing:

1. 1. only a person who has submitted written objections to the assessment roll may testify in objection to it;

1. 2. to be considered, a written objection must contain the:

1. 1. 1. nature of the objection,

1. 1. 2. evidence to be presented in support of the objection,

1. 1. 3. witnesses to be called to testify in support of the objection;

1. 3. the hearing examiner may continue any hearing in which an objector seeks to alter the nature of the objection or present evidence or call witnesses not identified in the written objection.

 

Date Passed: Monday, May 7, 2007

Effective Date: Wednesday, June 20, 2007

Recodification ORD C34024 Section 1