Irvine Municipal Code Ch. 13 Enforcement and Revocation or Suspension Procedures

A. It shall be the duty of the Director of Public Safety of the City of Irvine, and the City's officers charged with the enforcement of the law, to enforce this division and all the provisions of the same.

B. Any person, firm or corporation, whether acting as principal, agent, employee, or otherwise, violating any provisions of this division or any license or permit granted hereunder shall be guilty of a misdemeanor. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this division or any license or permit issued pursuant to this division is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. No. 09-10, § 1, 9-22-09)

A. Failure to abide by and faithfully comply with any and all conditions that may be attached to any license or permit issued pursuant to the provisions of this division shall constitute grounds for the revocation of such license or permit. All remedies provided for herein shall be cumulative and not exclusive and shall not prevent the City from availing itself of other remedies which may be available.

B. Whenever a violation of this chapter is reported, the animal services officer shall investigate the circumstances and, if he or she finds that such a violation has in fact occurred, he or she shall take immediate action to ensure public safety and the health and welfare of the animal or animals involved. Whenever possible, any complaints received from a member of the public which serves as evidentiary basis for the animal services officer or law enforcement officer to find probable cause, shall be verified by the complainant. Said complaint shall be signed and dated by the complainant. The animal services officer shall notify the Director of Public Safety or his or her designee in writing, stating all of the facts and circumstances in support of their findings and actions.

C. If, after careful review of the animal services officer's investigation report, all supplemental reports and all evidence, statements, photographs, etc., collected in support of their findings, the Director of Public Safety or his or her designee finds evidence to support a claim that the licensee or permittee violated any of the provisions of Section 4-5-1304, he or she may cause a notice of suspension or revocation to be issued to the licensee or permittee to determine whether or not the owner's permit to operate should be suspended or revoked. Within 30 calendar days after having served notice of a suspension or revocation, the Director of Public Safety or his or her designee shall meet with the permittee or licensee, or his, her or its authorized agent or successor in interest. The purpose of the meeting shall be to discuss ways to remedy the reason(s) cited for suspension or revocation of the permit or license. If no agreement can be reached, the Director of Public Safety or his or her designee shall schedule a hearing as prescribed in this chapter. The hearing officer presiding over said hearing may, based on evidence that any of the provisions of this division or any specific condition imposed on the permit or license have been violated, suspend or revoke the license or permit as provided in Section 4-5-1304. Any such action shall occur at a public hearing which has been noticed in accordance with the requirements of this chapter.

(Ord. No. 09-10, § 1, 9-22-09)

A. Issuance of administrative citation. A Code Enforcement Official may, upon discovering that a person has committed a Municipal Code violation (hereinafter referred to as "offender"), issue an administrative citation to the offender. The administrative citation shall be given by personal service on the offender or by mail to the offender's last known address.

B. Administration citation contents. To the extent the following information is reasonably available to the Code Enforcement Official, the administrative citation shall:

1. State the date the administrative citation is issued;

2. State the offender's name, date of birth, and current residential address and mailing address;

3. State the offender's driver's license number or State-issued identification number;

4. Refer to the Code section violated and describe how the offender violated the Code section;

5. State the date the violation was discovered by the Code Enforcement Official;

6. State the amount of fine imposed for the violation;

7. Explain how the offender may pay the fine, including the location and manner, as well as the time period by which the fine must be paid and the consequences of failure to pay the fine;

8. Explain the procedure for obtaining an administrative hearing. Specifically, notice that the offender must make a written request within 15 days from the date the administrative citation is issued and that the offender will be notified by mail of the date of the hearing;

9. Include a warning that a failure to pay the fine or request and appear at an administrative hearing shall result in the penalties described in Section 4-13-310, including a description of the penalties.

(Ord. No. 09-10, § 1, 9-22-09; Ord. No. 19-12, Exh. A, 8-13-19)

A. Grounds for revocation or suspension. Any license or permit issued under the provisions of this division may be revoked or suspended provided a hearing is conducted as prescribed in this chapter and the hearing officer finds that any of the following are true:

1. That the licensee or permittee, or his, her or its agent or employee, has been convicted of any offense involving a violation of (i) any provision(s) of California Penal Code §§ 596 through 599, inclusive, or any successor statutes to thereto that apply to the cruelty, neglect, abuse or illegal possession or handling of animals, or (ii) any provision of this chapter, or (iii) any local, State or federal law(s) governing the operation of a pet shop or other establishment for which the license or permit was issued; or

2. That the licensee or permittee, or his, her or its agent or employee, has failed to provide any animal in his or her possession, care or control with proper and sufficient food, drink, shelter or protection, or has subjected any such animal to suffering, cruelty or abuse; or

3. That licensee or permittee, or his, her or its agent or employee, has failed to maintain the premises where the animals subject to the license or permit are kept in a clean and sanitary condition; or

4. That the licensee or permittee, his, her or its agent or employee, has violated any rule or regulation made pursuant to the provisions of this division; or

5. That the licensee or permittee has falsified facts on the original or any subsequent license applications; or

6. That the licensee or permittee has exceeded the number of animals for which the permit was granted without obtaining approval to increase said number in advance of receiving the animals from the Director of Public Safety or his or her designee; or

7. That the licensee or permittee, or his, her or its agent or employee, has arranged for the wholesaling of any animal, or its sale to laboratories for experimentation; or

8. That the licensee or permittee, or his, her or its agent or employee, has operated or maintained the establishment subject to the license or permit in such a manner as to violate any noise, nuisance, restraint or registration ordinance in the City; or

9. That the licensee or permittee, or his, her or its agent or employee, has located a lost or stolen animal, has taken possession of such animal, and has willfully failed to notify known owners as to the whereabouts of their lost or stolen animal or has failed to check for identification marks on such animal such as registered tattoos, or has refused to return a duly identified animal to its rightful owner; or

10. That the licensee or permittee, or his, her or its agent or employee, has failed to comply with any State or local mandatory vaccination or neutering provision or has failed to implement any other birth control measure for any animal prior to release of any animal under the licensee's or permittee's control to new owners; or

11. That the licensee or permittee, or his, her or its agent or employee, has endangered the health, peace or safety of the community.

B. In the event that any license or permit issued pursuant to the provisions of this division is suspended or revoked after a hearing conducted as prescribed in this chapter, the licensee or permittee shall be granted a reasonable period of time in which to place or remove all animals lawfully licensed and maintained by the licensee or permittee under the provisions of this division. For private establishments licensed under Chapter 6 of this division, the licensee or permittee may continue to harbor/maintain dogs, cats and/or birds in numbers that do not require the issuance of a private kennel or aviary permit, provided such animals have not been subject to cruelty, neglect or abuse. Any licensee or permittee may be ordered to take animals that are in need of medical examination and treatment to a licensed veterinarian for same. If the licensee or permittee is unable or unwilling to do so, the animals shall be impounded by the animal services officer for the purpose of said examination or treatment. The animal services officer may impound any animal that has been subjected to cruelty, neglect or abuse for the purpose of criminal prosecution. The cost of medical examination, treatment, impoundment or care shall be the responsibility of the licensee or permittee. On revocation of the license or permit, no part of the license or permit fee is refundable.

(Ord. No. 09-10, § 1, 9-22-09)

A. Hearing officer. Hearings shall be conducted by a hearing officer appointed by the Director of Public Safety. The Director of Public Safety shall designate an animal services officer or superior officer not involved in the investigation to act as the hearing officer and conduct the hearing.

B. Conduct of the hearing. The Director of Public Safety or his or her designee shall notify the licensee or permittee of the hearing as provided in Section 4-5-1303. The licensee or permittee shall be afforded an opportunity to present evidence as to why their license or permit should not be suspended or revoked. The hearing shall comply with all of the following:

1. The hearing shall be open to the public.

2. The hearing shall be conducted informally and the legal rules of evidence shall not apply.

3. The hearing officer shall not have the authority to issue a subpoena or subpoena duces tecum.

4. The hearing officer may admit into evidence all related incident and supplemental reports, photographs, witness's statements, veterinarian records, etc., and may shorten the time to produce records or witnesses.

5. The hearing officer may revoke or suspend the license or permit if he or she finds, upon a preponderance of the evidence, that the licensee or permittee has violated any provision of Section 4-5-1304 of this chapter.

6. The hearing officer shall use his or her discretion in determining whether the license or permit should be suspended or revoked. The hearing officer may decide all issues for or against the licensee or permittee, even if the owner or operator fails to appear at the hearing.

C. When the hearing officer revokes a license or permit based on his or her findings, the licensee or permittee shall be granted a reasonable period of time in which to place or remove all animals that are owned or are being kept by him, her or it, with the exception of those animals subjected to any cruelty, neglect or abuse, or that are illegally possessed by him or her. Those animals that have been subjected to any cruelty, neglect, or abuse or those who are being kept illegally may be impounded by the animal services officer. The cost of said impoundment and care, and any needed veterinarian medical treatment, shall be the responsibility of the licensee or permittee. The hearing officer may file a criminal complaint with the Court for any applicable violation(s) of this chapter, or any applicable federal, State, or local law, regulation, or ordinance.

D. Whenever the hearing officer suspends a license or permit based on his or her findings, the licensee or permittee shall be ordered to correct any violations or situations that were found within a time period as prescribed by the hearing officer. An animal services officer shall be assigned to follow-up with the licensee or permittee to document compliance or noncompliance. Failure to comply with noted correction needs within the prescribed time period shall result in the revocation of the license or permit. A separate hearing shall not be needed for this purpose. Any animal subjected to cruelty, neglect or abuse, or those that are illegal to possess, may be impounded by the animal services officer. The cost for said impoundment and care, or any related veterinarian treatment, shall be the responsibility of the licensee or permittee. The City may file a criminal complaint with the Court for any applicable violation(s) of this chapter, or any applicable federal, State, or local law, regulation, or ordinance.

(Ord. No. 09-10, § 1, 9-22-09)

A. The hearing officer shall report his or her findings and actions in writing to the Director of Public Safety stating all the facts and circumstances in support of his or her decision.

B. The hearing officer shall also notify the licensee or permittee of his or her decision in writing by first class mail with return receipt requested. Said notification shall include, but not limited to, an order that the licensee or permittee not violate any provisions of this division or any applicable federal, State, or local law, regulation, or ordinance, while any animals are in his or her possession. The hearing officer shall also notify the licensee or permittee of his, her or its right of appeal as prescribed under Section 4-5-1307 of this chapter. When revocation is warranted, the licensee or permittee shall be granted a reasonable period of time in which to place or remove all animals from his or her property that may not be kept without such a permit that have not been subjected to cruelty, neglect or abuse, or kept illegally or improperly as prescribed in Section 4-5-1304B. Said time period shall be specified in the notice of decision sent to the licensee or permittee. Those animals that have been kept illegally or improperly by the licensee or permittee, and those that have been subjected to cruelty, neglect or abuse, are subject to immediate removal and may be impounded by the animal services officer or law enforcement officer as prescribed by law. The cost of said impoundment and care, and any needed medical treatment, shall be the responsibility of the licensee or permittee.

(Ord. No. 09-10, § 1, 9-22-09)

Any licensee or permittee whose license or permit has been revoked or suspended by the Director of Public Safety or his or her designee pursuant to this chapter may file an appeal as prescribed in Chapter 14 of this division.

(Ord. No. 09-10, § 1, 9-22-09)