Rohnert Park Municipal Code Ch. 6.10 Hearings by Shelter Supervisor

A. Procedure for Notice. Unless otherwise specifically provided in this Title, when a provision of this Title requires that a hearing be conducted, then notice of hearing shall be given in the following ways:

1. Notice of the hearing shall be mailed or delivered to the applicant, license holder, or owner/guardian of the animal, or any other person who has filed a written request for such notice with the shelter supervisor or hearing officer, whichever is applicable, at least four days prior to the hearing. Mailed notice shall be sent first class and deposited, postage prepaid, in the United States mail and notice shall be deemed given when so deposited. If there is no known address to which to send the notice, then notice shall be posted in at least one place on or near the premise where the animal was impounded, and

2. Notice of the hearing shall be posted at least four days prior to the hearing on a bulletin board in a public area at the animal shelter, on or near the doors of the meeting room where the hearing will be held. If the hearing is to be held at a location other than the animal shelter, then notice shall be posted on the door or bulletin board of that location where the hearing is to be held.

B. Contents of Notice. In addition to the information specified in Section 6.08.110 of this Title, notice shall include the date, time, and place of the hearing; the identity of the shelter supervisor or hearing officer, whichever is applicable; a general explanation of the matter to be considered; and a statement that the applicant, license holder, or owner/guardian of the animal has a right to an attorney and that non-attendance at such hearing will be considered a waiver by that person of his or her right to present evidence at the hearing.

(Ord. 752 § 12, 2006: Ord. 738 § 1 (part), 2005)

When a provision of this Title requires that a hearing be conducted, except a hearing pursuant to Section 6.08.170, the hearing shall be conducted as follows:

A. Procedure. At the time and place set for the hearing, the shelter supervisor or hearing officer, whichever is applicable, shall consider the matter at issue. The shelter supervisor or hearing officer shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may apply. The shelter supervisor or hearing officer shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing until the time period to file an appeal has lapsed, and then may destroy such evidence. If a party has requested that the shelter supervisor or hearing officer return such evidence, the shelter supervisor or hearing officer must comply with such a request. The shelter supervisor or hearing officer may decide all issues for or against the applicant, license holder, or owner of the animal and may render such decisions even if such person fails to appear at the hearing.

B. Decision. Within ten days after the hearing is closed, the shelter supervisor or hearing officer shall render a written decision. The decision shall contain findings of fact and conclusions of law. A copy of the decision shall be mailed by certified mail to the applicant, license holder, or owner of the animal.

C. Final Appeal. Unless the decision of the shelter supervisor or hearing officer is deemed final by provisions in this Title, an applicant, license holder, or owner of an animal may appeal the decision to the director of public safety. The director of public safety shall adhere to the same procedural requirements as set forth above in subsection (A). The decision of the director of public safety shall be final.

(Ord. 752 § 14, 2006: Ord. 738 § 1 (part), 2005)