Canyon Lake Municipal Code Ch. 10.36 Public Nuisance

Section

Cross-reference:

Requirements for pet waste disposal, see Chapter 15.02

The possession or maintenance of any animal, dog or cat in violation of or the allowing of any animal, dog or cat to be in violation of this Title, in addition to being a violation of this Code, is hereby declared to be a public nuisance.

(a) The Animal Control Officer, City Manager or his or her designee hereby are directed and empowered to summarily abate any such public nuisance independently of any criminal prosecution or the results thereof, by any means reasonably necessary to accomplish such abatement, including, but not limited to, the destruction of the animal involved, or by the imposition of specific reasonable conditions and restrictions for the maintenance of such animal.

(b) Failure to comply with such conditions and restrictions is a misdemeanor.

(c) The owner of such animal, dog or cat shall reimburse the contracted animal control agency for all costs incurred in enforcing compliance with the provisions in this Chapter.

(d) The contracted animal control agency may also commence and maintain such proceedings in a court of competent jurisdiction as are appropriate under the laws and regulations of the State of California for the abatement and redress of public nuisances.

(32-12/92 § 10.11.010) (Am. Ord. 181, passed 5-1-2019)

At least five days prior to abatement pursuant to this Chapter, the owner or custodian of the subject dog or cat shall be notified by the Animal Control Officer, in writing, of the problem to be abated and right to a hearing to determine whether grounds exist for such abatement. The notice shall be served by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. If the owner requests a hearing prior to abatement, no abatement shall take place until the conclusion of such hearing, except as provided in Section 10.36.030 below. The hearing shall be conducted pursuant to Section 10.36.040.

(32-12/92 § 10.11.020)

When, in the opinion of the Animal Control Officer, immediate impoundment or other abatement is necessary for the preservation of animal or public health, safety or welfare, the pre-impoundment hearing shall be deemed waived, provided, however, that the owner or custodian of the subject dog or cat shall be given notice by the Animal Control Officer, in writing, which allows five days from the date of service to request an abatement hearing. Service of such notice shall be in accordance with the service methods specified in Section 10.36.020. The subject animal dog or cat shall not be disposed of prior to the conclusion of the hearing. If no request for a hearing is received from the owner of the subject animal dog or cat, within the timeframe set out, the animal dog or cat shall then be disposed of pursuant to applicable provisions of law.

(32-12/92 § 10.11.030)

Hearings pursuant to this Chapter shall be conducted by the Hearing Officer. Hearings shall be held not more than five days from the date of receipt of the request for the hearing and shall be conducted in an informal manner consistent with due process of law. A hearing may be continued for a reasonable period of time if the parties agree or the hearing officer determines good cause therefor. Within ten days after the conclusion of the hearing, the hearing officer shall give notice of his or her findings, decision and order to the owner of the dog or cat. Such notice shall be served as set out in Section 10.36.020. The Hearing Officer’s decision shall be final.

(32-12/92 § 10.11.040) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)

Any and all abatement expenses may be collected from the owner or placed as a lien or special assessment against the property. Such expenses shall include, but not be limited to, the cost of abatement, mailing, researching, as well as any legal costs and the costs of impoundment of the animal.

(a) The contracted animal control agency shall send to the owner by certified mail, postage prepaid, notice of the amount of such costs, providing 30 days for payment of such costs.

(b) If such costs are not paid within that time period, the costs may be collected in any manner allowed by law.

(c) If collect is by a lien or special assessment to be placed against the owner’s property for the total amount of such costs, the contracted animal control agency shall follow the requirements of State law to allow the lien or assessment to be recorded against the property and collected at the same time, in the same manner and subject to the same penalties for the delinquency as real property taxes.

(32-12/92 § 10.11.060) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)