Windsor Municipal Code Art. 4 Hearings and Appeals

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

a. At the time and place set for the hearing, the Animal Control Officer or his/her designee, shall consider the matter at issue. The Animal Control Officer shall swear witnesses, hear testimony, and receive relevant written or documentary evidence. Additional procedural rules may be adopted by resolution of the Council. The Animal Control Officer shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing. If the Animal Control Officer designates a deputy to conduct the hearing, the deputy shall not have had any direct involvement in the matter being heard. The Animal Control Officer may decide all issues for or against the applicant, license holder, or owner of the animal, as the case may be, even if such person fails to appear at the hearing.

b. Within fifteen (15) days after the hearing is closed, the Animal Control 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 of the animal, as the case may be, and a brief summary of the decision shall be mailed by first class mail to all persons noticed pursuant to Section 3-4-310. A copy of the decision shall also be posted on a bulletin board in a public area at the Animal Shelter and shall remain so posted for the duration of the appeal period specified in paragraph d.

c. The decision of the Animal Control Officer shall determine whether the license shall be denied or revoked, or whether the animal shall be released to its owner or forfeited to the Division and humanely destroyed by the Division if necessary to protect the public health, safety and welfare. The Animal Control Officer may make the release of an animal to its owner subject to such conditions as the Animal Control Officer deems necessary to effectuate the purposes of this chapter and to protect the public health, safety and welfare. The Animal Control Officer shall not authorize the destruction of a animal until after the appeal period specified in paragraph d. has expired or, in the event of an appeal, until ten (10) working days after the decision of the Appeal Hearing Officer has been served upon the owner of the animal. In no event shall the Animal Control Officer permit the destruction of an animal pending the conclusion of an appeal of the Appeal Hearing Officer's decision to a court of competent jurisdiction. If the Animal Control Officer determines that the impoundment of an animal was improper, the Division shall bear all costs and expenses of impoundment.

d. The decision of the Animal Control Officer shall be final ten (10) working days after it is mailed unless an appeal is filed pursuant to Section 3-4-405.

e. Notwithstanding the preceding, the Animal Control Officer may settle any matter scheduled for hearing at any time prior to the hearing by written agreement with the applicant, license holder, or owner of the animal, as the case may be. In the event of a settlement, the executed agreement shall become the decision of the Animal Control Officer and shall be mailed and posted pursuant to paragraph b.

Any interested person dissatisfied with a decision of the Animal Control Officer or his/her designee made pursuant to Section 3-4-400 may appeal the decision to an Appeal Hearing Officer by filing a written appeal with the Animal Control Officer within the appeal period specified in subsection (d) of Section 3-4-400 and depositing therewith an amount of money equal to the estimated cost of transcribing the oral proceedings before the Animal Control Officer and the cost of duplicating three (3) copies of the administrative record, including all exhibits introduced at the hearing. If the actual cost of preparing the transcript and duplicating the administrative record is more than the amount deposited by the appellant, the appellant shall deposit the deficiency. If less, the Animal Control Officer shall refund the difference to the appellant.

a. Upon the filing of a valid appeal and preparation of the administrative record, the Animal Control Officer or his/her designee shall transmit a copy of the administrative record to an Appeal Hearing Officer appointed by the Town. The Appeal Hearing Officer shall review the administrative record and within ten (10) working days after its receipt take one (1) of the following actions:

1. Adopt, modify or reject the decision of the Animal Control Officer without a hearing.

2. Refer the matter back to the Animal Control Officer, for further proceedings pursuant to this article.

3. Grant a hearing to review the decision of the Animal Control Officer. Where the decision of the Animal Control Officer being appealed orders the humane destruction of an animal, the Appeal Hearing Officer shall automatically grant a hearing.

b. If the Appeal Hearing Officer takes action pursuant to subparagraph 1 or 2 of subsection a., such action shall become the decision of the Appeal Hearing Officer and shall be mailed pursuant to subsection b. of Section 3-4-415.

c. If the Appeal Hearing Officer takes action pursuant to paragraph 3 of subsection a., the Animal Control Officer shall set the time and place for the hearing and cause notice of such hearing to be given pursuant to Section 3-4-305.

(Ord. No. 92-22 § 2 (part))

When an Appeal Hearing Officer grants a hearing to review a decision of the Animal Control Officer, the hearing shall be conducted as follows:

a. At the time and place set for the hearing, the Appeal Hearing Officer shall review the Animal Control Officer's decision to determine whether it conforms to law and is supported by substantial evidence. The Appeal Hearing Officer may, in his or her discretion, swear witnesses, hear testimony and receive relevant written or documentary evidence, or consider only the administrative record of the hearing before the Animal Control Officer. In either case, the Appeal Hearing Officer may hear and consider additional arguments and points and authorities of law. Additional procedural rules may be adopted by resolution of the Board. The Appeal Hearing Officer shall tape record the hearing and shall preserve all photographs and other documentary evidence introduced at the time of the hearing. The Appeal Hearing Officer may decide all issues for or against the applicant, license holder, or owner of the animal; as the case may be, even if such person fails to appear at the hearing.

b. Within thirty (30) days after the hearing is closed, the Appeal Hearing Officer shall render a decision. The decision may adopt, modify or reject the decision of the Animal Control Officer. The decision shall contain findings of fact and conclusions of law. A copy of the decision shall be mailed by certified mail to the appellant and the applicant, license or owner of the animal, as the case may be, if different from the appellant, and a brief summary of the decision shall be mailed by first class mail to all persons noticed pursuant to Section 3-4-310.

c. The decision of the Appeal Hearing Officer shall be final absence service upon the Animal Control Officer of formal notice of appeal to a court competent jurisdiction.

(Ord. No. 92-22 § 2 (part))