Unformatted text preview: 6. The Investigation Proper: In any contested case or investigation, all parties shall be entitled to
notice and hearing. The notice shall be served at least five days before the date of the hearing
and shall state the date, time, and place of the hearing. The parties shall also be given
opportunity to present evidence and argument on all issues. 17. Subpoena:
In any investigation, the Building Official shall have the power to require the
attendance of witnesses as well as the production of documentary evidence and other pertinent
data. 18. Rules of Evidence: In any investigation, 18.1 The Building Official may admit and give probative value to evidence as commonly
accepted by reasonably prudent men in the conduct of their affairs. 18.2 Documentary evidence may be received in the form of copies or excerpts, if the original
is not readily available. Upon request, the parties shall be given opportunity to compare
the copies with the original. If the original is in the official custody of a public officer, a
certified true copy thereof may be accepted. 18.3 Every party shall have the right to cross-examine witnesses and to submit rebuttal
evidence. 18.4 The investigator may take notice of judicially cognizable facts and of generally
cognizable technical or scientific facts within his or the witnesses' specialized or
professional knowledge. 19. Inspection Team:
Whenever the Building Official suspects that a building or structure poses imminent danger or
risk to life, limb or property and the public welfare, he shall immediately send an inspection team to conduct a detailed inspection of the building or structure. The team shall submit a report
within ten (10) days.
20. Closure of Building:
Based on the findings and recommendations of the inspection team, in accordance with any or all
of the conditions enumerated under Sec. 3 of Rule VII of the Implementing Rules and
Regulations, the Building Official may direct or order the closure of the building.
21. Lifting of Order or Closure:
The Building Official shall order the lifting of the closure only after the defects or deficiencies of
the subject building or structure have been duly corrected.
22. Decision - Form and Service Thereof:
Every decision , order or notice of non-issuance, suspension or revocation of a building
permit/certificate of occupancy shall be in writing, and shall state specifically the reason/s or
ground/s therefore. The Building Official shall decide each case within fifteen (15) days
following the termination of the investigation. The parties concerned shall be notified of the
decision in writing by courier or by registered mail.
23. Finality of Order/Decision:
The order or decision of the Building Official shall become final and executory fifteen (15) days
after receipt of a copy thereof by the party adversely affected unless within that period, an
administrative appeal has been perfected. In which case, the fifteen (15) day period shall be
suspended accordingly. If a motion for recons...
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- Fall '12