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A. Within five (5) business days from the filing of a written notice of appeal, meeting the standards in BMC 18.70.020, the planning department shall deliver notice of the acceptance of written notice of appeal to all adjoining property owners of the property associated with the appeal and the planning commission members. The notice shall include:

1. The appellant’s notice of appeal;

2. The decision of the planning department being appealed;

3. Notice of opportunity to submit written comments within fifteen (15) days prior to the hearing date, or give oral testimony at a hearing before the commission;

4. Notice of the hearing material filing deadline, which shall be at least fifteen (15) days prior to the hearing date. Material filing may include written arguments and exhibits; submissions shall become part of the record;

5. Notice of witness list and requests for subpoenas submission deadline for the parties, which shall be at least fifteen (15) days prior to the hearing date. The notice shall inform the parties of their obligation to summon their witnesses;

6. Notice that any hearing material not filed by the material filing deadline shall not be accepted by the planning department. Evidence may be submitted at the time of the hearing if the commission chair determines that the evidence was not discovered or could not have been obtained prior to the material filing deadline, or if the evidence is relevant and it is in the interests of justice that it be considered.

B. Within five (5) business days after receipt of the witness list or request for subpoenas, the planning department shall provide the list to the parties. Upon request by a party, the chair, on the commission’s behalf, may issue subpoenas as follows:

1. The parties may summon witnesses and request the production of records, by the issuance of subpoenas;

2. Subpoenas shall be served as prescribed by Rule 45 of the Alaska Rules of Civil Procedure. Failure of any person to comply with a subpoena or order issued by the commission chair is a violation of city code. Remedies, enforcement action and penalties for such violations shall be consistent with the terms of Chapter 1.06 BMC. Such remedies are not exclusive, and the city may pursue any and all legal and equitable remedies available under law necessary to enforce such subpoenas and orders, including application to Superior Court.

C. At least ten (10) business days before the hearing, the planning department shall post the notice of hearing to the public, deliver notice of the hearing to interested parties, and the commission members. The notice shall include:

1. The name of the owner of the parcel that is the subject of the appeal and the name of the person who made the application if not the owner;

2. A description of the action or relief sought in the appeal;

3. The address (if applicable) and the legal description of the subject parcel;

4. The date, time and place of the hearing; and

5. The date on which the record on appeal will be available and the web address where the record can be found.

D. At least ten (10) business days before the hearing, the planning department shall post the hearing record on the city of Bethel website. [Ord. 22-17 § 4, 2022.]