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City attorney presents workshop on "preponderance of the evidence" to appeals board
Summary
Daniel Casas of the City Attorney's Office explained the preponderance-of-the-evidence standard to the Building Standards Appeals Board, distinguishing it from higher criminal and civil standards and answering members' questions about consent and visible violations.
The Building Standards Appeals Board heard a workshop on the burden of proof, led by a presenter introduced in the meeting as Daniel Casas of the City Attorney’s Office.
Casas explained that preponderance of the evidence — the standard the board uses in administrative appeals — means a fact is more likely than not to be true (often illustrated as a 51% threshold). He contrasted that standard with the higher "clear and convincing" standard and with the criminal "beyond a reasonable doubt" threshold, and he walked the board through relevant Fresno Municipal Code provisions governing administrative hearings and the board’s obligation to apply those procedures.
The presenter emphasized that the party who issues a citation (typically the city) initially bears the burden to prove violations by a preponderance of the evidence; if an appellant raises an affirmative defense, the appellant then must prove that defense by the same standard. Board members asked whether evidence from visible public easements is sufficient and whether tenant consent limits inspections; Casas explained exceptions tied to open, obvious conditions visible from public areas and noted constitutional protections where applicable.
Board members thanked the presenter for a clear overview intended to assist the board in weighing evidence in subsequent appeals.
