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(1) Notwithstanding any provision of the Provo City Code which sets forth a procedure for any matter herein, no action, inaction or recommendation regarding the matter which is the subject of the procedure shall be void or invalid or set aside by a court due to any error (including but not limited to any irregularity, informality, neglect or omission) as to any matter pertaining to a petition, application, notice, finding, record, hearing, report, recommendation or any other procedural matter whatever unless:

(a) the procedure is required by state or federal law; and

(b) in an examination of the entire circumstances, including the evidence of record, the court is of the opinion that the procedural error complained of was prejudicial to a substantial right of the complainant in that:

(i) had the error not occurred the decision made pursuant to the procedure would have been different, and

(ii) because of the error the complainant suffered an injury for which relief must be given.

(2) The court shall presume that action taken pursuant to a procedure was done in good faith and shall not presume that an error is prejudicial or that injury was done. The complainant shall have the burden of the proof by a preponderance of the evidence.

(3) All procedures within the Provo City Code shall be subject to this provision.

(Am 2000-11)