Appendix 81018. Procedural irregularities.  


Latest version.
  • Formal rules of evidence or procedure which must be followed in court shall not apply to staff or Board proceedings, except to the extent that staff or the Board shall determine. No action hereunder shall be held void or invalid or be set aside by any court on the ground of the improper admission or rejection of evidence, or by reason of any error, irregularity, informality, neglect, or omission (hereinafter called "error") as to any matter pertaining to applications, notices, findings, records, hearing, reports, recommendations, or any matters or procedure whatever, including but not limited to those included in this Section, unless after an examination of the entire case, including the evidence, the court shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such an error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown.

(Ord. No. 4462, 5-6-2014)