Part 7 — SPECIAL DOG PERMIT DENIAL OR REVOCATION HEARING

A.

If the administrator seeks to deny the application for or revoke a special dog permit, the administrator must send to the applicant or permit holder, a notice of intent to deny or revoke which states the following:

The reason(s) for the denial or revocation;

That the applicant or permit holder may appeal the intended decision by requesting a hearing in writing;

That the request for a hearing must be received by the administrator within ten (10) business days after the date that a copy of the notice of intent to deny or revoke was placed in the mail; and

Failure to request a hearing within the time specified may result in seizure of the dog.

B.

Failure to apply for a special dog permit by an owner/guardian or person with a right to control the dog terminates the right to a hearing.

C.

Upon service of a request for a hearing, the hearing officer must set the date, time and place for the hearing. Service may be personally or by first-class mail, postage prepaid. The hearing officer must cause notice of the hearing to be mailed to the person requesting it at least five (5) business days before the date of the hearing. The hearing is conducted in accordance with the provisions of Section 7.30.330.

D.

The hearing officer must cause notice to be sent to the owners of each property within three hundred (300) feet of the applicant or permit holder's property and to the United States Postal Service substation which serves the property. This notice must state:

The date, time, location, and nature of the hearing;

The reasons for the denial or revocation; and

That the parties notified have the right to present any relevant evidence with regard to the denial or revocation of the permit.

(Ord. 28079.)

A.

The hearing officer's decision must be supported by evidence on the record.

B.

If the hearing officer upholds the decision to deny or revoke a special dog permit, then the hearing officer may direct that:

The owner/guardian or person with a right to control the dog pay all applicable fees and transfer ownership/guardianship of the dog to a person who either satisfies the requirements of this chapter or who will have the dog reside outside the city, within a specified time period.

The city may dispose of the dog in accordance with the law.

The owner/guardian or person with a right to control the dog has five (5) business days upon service of the hearing officer's decision to appeal the decision to the superior court pursuant to Food and Agricultural Code Section 31622, as may be amended, or the decision will be deemed final if no appeal is filed on or before the expiration of the appeal period. Service of the decision or appeal may be either personally or by first-class mail, postage prepaid. If either the owner/guardian or person with a right to control the dog fails to comply with the hearing officer's decision, the administrator may summarily seize the dog and assume possession of the dog for disposal in accordance with the law.

If the dog has been impounded in contemplation of or pursuant to the hearing, either the owner/guardian or person with a right to control the dog must pay all fees associated with the board and care of the dog. Failure to appeal the hearing officer's decision and remit all applicable fees five (5) business days after service of the decision will trigger the state mandated holding period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended, of four (4) business days, not including the day of impoundment. If by the end of this holding period, neither the owner/guardian nor the person with a right to control the dog has paid the balance of fees, both the owner/guardian and person with a right to control the dog forfeit their interest in the dog and the city may dispose of the dog in accordance with the law. Both owner/guardian and person with a right to control the dog are responsible for the payment of all applicable fees.

C.

If the hearing officer decides denial or revocation of the special dog permit is not warranted, the hearing officer may release the dog. If the dog is impounded, the hearing officer may require the release of the dog from impoundment be upon payment of the impound and board fees, and may add such conditions to the special dog permit as are necessary to effectuate the purposes of this chapter and to protect the public health, safety, and welfare.

(Ord. 28079.)