4139.3. - PUBLIC HEARING. NOTICE.

If within ten days after notice from the Chief of Police, the location, manner of keeping or quantity of birds or animals is not altered or discontinued so as to conform with the recommendations of the Chief of Police, the Chief of Police shall fix a time, date and place for a public hearing to be held on the matter of such complaint, investigation, report and recommendation. Notice of the date, time, place and purpose of such hearing shall be given by registered mail to all complainants and to the person owning, maintaining or in charge of the birds or animals with respect to which complaint was made. In addition, a copy of such notice shall be personally served upon the person owning, maintaining or in charge of the birds or animals complained of if he can be found within the City, and if he cannot be so found, then a copy thereof shall be posted in a conspicuous place upon the premises at which such birds or animals are kept or maintained. The giving of notice as herein prescribed shall be completed at least ten days prior to the time fixed for such public hearing.

At such hearing, the Chief of Police shall receive and consider the complaint, reports, and all relevant testimony concerning the keeping or maintaining of birds and animals complained of. The person owning, keeping or maintaining birds and animals shall be entitled to be represented by counsel, to produce witnesses and testimony in support of the propriety of the keeping or maintaining of such birds and animals. Any such hearing may be continued from time to time.

Within fifteen (15) days after the conclusion of any such hearing, the Chief of Police shall issue findings of fact and determine from the evidence presented whether or not the keeping or maintaining of birds or animals in the manner, location or quantity complained of constitutes a nuisance. If he determines that such keeping or maintaining is a nuisance, he shall likewise specify the time within which such keeping or

maintaining shall be discontinued or the time and manner wherein such keeping or maintaining shall be so altered so as not to constitute a nuisance.

After he signs the findings of fact pursuant to the preceding Section, the Chief of Police shall cause a certified copy of the same to be served upon each person owning, maintaining, or in charge of any bird or animal therein described, by personal service thereof on each person if he can be found within the City, or if he cannot be so found, then by posting a certified copy thereof in a conspicuous place upon the premises at which any such bird or animal is owned, kept or maintained.