Sebastopol Municipal Code Ch. 6.14 Hearings by Director

A. Unless otherwise specifically provided in this chapter or by State law, when a provision of this chapter requires that a hearing be conducted, then notice of such hearing shall be given in all of the following ways:

1. Notice of the hearing shall be mailed or delivered at least 96 hours prior to the hearing to the applicant, license holder, or owner/guardian of the animal as the case may be. 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 premises where the animal was impounded.

2. Notice of the hearing shall be posted at least 96 hours prior to the hearing on a bulletin board in a public area at the County 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 County animal shelter, then notice shall be posted on the door or bulletin board of that location where the hearing is to be held.

B. The notice shall include the information specified in SMC 6.14.030. In addition to the notice required by this section, notice may also be given in any other manner deemed necessary or desirable.

When a provision of this chapter requires that notice of a hearing be given pursuant to SMC 6.14.010, such notice shall also be mailed or delivered at least 96 hours prior to the hearing to any person who has filed a written request for notice with the director.

When a provision of this chapter requires that notice of a hearing shall be given pursuant to SMC 6.14.010, such notice shall include the date, time, and place of the hearing, the identity of the hearing officer, a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the licensed premises, if any, that is the subject of the hearing, a notice that the applicant, license holder, or owner/guardian of the animal has a right to an attorney and that nonattendance at such hearing will be considered a waiver by that person of his or her right to present evidence at the hearing.

Mailed notice pursuant to SMC 6.14.010 shall be sent first class and deposited, postage prepaid, in the United States mail and notice shall be deemed given when so deposited.

When a provision of this chapter requires that a hearing be conducted, the hearing shall be conducted as follows:

A. At the time and place set for the hearing, a hearing officer shall consider the matter at issue. The hearing officer shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may be adopted by resolution of the board. The 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 for an appeal has expired, and then may destroy such evidence or return it to the parties from which it originated if they have requested that such be done. If the director designates a deputy to conduct the hearing, the deputy shall not have had any prior direct involvement in the matter being heard. The hearing officer may decide all issues for or against the applicant, license holder, or owner/guardian of the animal and may render such decisions even if such person fails to appear at the hearing.

B. Within 10 days after the hearing is closed, the hearing officer shall render a decision. The decision shall contain findings of fact and conclusions of law. The decision shall also set forth the right to appeal and the procedures for initiating and carrying out an appeal. A copy of the decision shall be mailed by certified mail to the applicant, license holder, or owner/guardian of the animal.