Ordinance No. 1053

 

 

When a provision of this chapter requires that a hearing be conducted pursuant to this section, the hearing shall be conducted as follows:

            a.         At the time and place set for the hearing, the Animal Hearing Officer, shall consider the matter at issue. The Animal Hearing Officer shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may be adopted by resolution of the city council. The Animal Hearing Officer shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing. A stenographic report shall also record the proceedings if ordered by the Animal Hearing Officer or requested by the owner, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof. If the Animal Hearing Officer designates a deputy to conduct the hearing, the deputy shall not have had any direct involvement in the matter being heard. The Animal Hearing Officer may decide all issues for or against the applicant, license holder, or owner of the animal, as the case may be, even if such person fails to appear at the hearing. 

            b.         Within fifteen (15) days after the hearing is closed, the Animal Hearing Officer shall render a decision. The decision shall contain findings of fact and conclusions of law. The evidentiary standard used to make the decision shall be a preponderance of the evidence. A copy of the decision shall be mailed by certified mail to the applicant, license holder or owner of the animal, as the case may be, and a brief summary of the decision shall be mailed by first class mail to all persons noticed pursuant to Section 3.6(a)(1). A copy of the decision shall also be posted on a bulletin board in a public area at the Animal Shelter and shall remain so posted for the duration of the appeal period specified in paragraph d.

            c.         The decision of the Animal Hearing Officer shall determine whether the license shall be denied or revoked, whether the animal shall be released to its owner or forfeited to Animal Control and humanely destroyed by the Animal Control if necessary to protect the public health, safety and welfare, or whether the animal constitutes a public nuisance as further described in Section 3.26. The Animal Hearing Officer may make the release of an animal to its owner subject to such conditions as the Animal Hearing Officer deems necessary to effectuate the purposes of this chapter and to protect the public health, safety and welfare. Except as provided in subdivision (d), the decision of the Animal Hearing Officer shall be final and conclusive.

            d.         When the Animal Hearing Officer authorizes the destruction of an animal, the owner shall have the right to appeal that decision in any matter provided by law within ten (10) working days after the decision of the Animal Hearing Officer. The Animal Hearing Officer shall not authorize the destruction of an animal until after the appeal period has expired or, in the event of an appeal, until ten (10) working days after the decision of the Appeal Hearing Officer has been served upon the owner of the animal. In no event shall the Animal Control Officer permit the destruction of an animal pending the conclusion of an appeal of the Animal Control Officer’s decision to a court of competent jurisdiction. If the court of competent jurisdiction determines that the impoundment of an animal was improper, the city shall bear all costs and expenses of impoundment.

 

            e.         Notwithstanding the preceding, the Animal Control Officer may settle any matter scheduled for hearing at any time prior to the hearing by written agreement with the applicant, license holder, or owner of the animal, as the case may be. In the event of a settlement, the executed agreement shall become the decision of the Animal Hearing Officer and shall be mailed and posted pursuant to paragraph b.