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(A) Permitted matters must be regulated by the city to protect Animals and the public. A Permit gives a Person the privilege to possess Animals and engage in activities in exchange for an agreement by the Permit Holder to care for Animals pursuant to the standards in this article and protect the public. A Permit is not a property right and can be revoked, suspended, conditioned or limited by the city. The city may declare moratoria regarding the issuance of Permits or temporarily limit or condition Permits from time to time. Any Person who does not have a Permit and is engaged in any activity that requires a Permit under this article is guilty of a petty misdemeanor under § 1-1-99 ROA 1994. Each day of activity without a Permit is a separate petty misdemeanor offense. The absence of a Permit and engagement in activity prohibited hereunder is prima facie evidence of a petty misdemeanor. Permits automatically expire one year from the date granted unless otherwise specifically provided in this article. Permits are not transferable. The Mayor may promulgate regulations consistent with this article. The following provisions apply to revocation, suspension or limitation and other administrative enforcement actions concerning Permits.
(B) Violations and Inspections. If the Mayor discovers a violation of this article by a Permit Holder or any citizen complains about the activities allowed under a Permit and the Mayor finds that such complaint is valid, the Mayor shall give notice of the violations by means of an inspection report or other written notice. The notification shall:
(1) Set forth each specific violation;
(2) Establish a specific and reasonable period of time for the correction of the violation;
(3) State that failure to comply with a notice issued in accordance with the provisions of this article may result in immediate suspension or revocation of the Permit; and
(4) State that an opportunity for appeal from a notice or inspection findings will be provided if a written request for a hearing is filed with the Mayor within five days of receipt of the notice.
(C) Notice. Notices under this section shall be deemed properly served and received when the original inspection report or other notice has been personally served on the Person in Charge or sent by registered or certified mail to the last known address of the Permit Holder.
(D) Suspension. Permits may be suspended for failure of the Holder to comply with the requirements of this article or other applicable laws, ordinances or regulations. The suspension may be lifted when the Mayor determines the violations have been corrected.
(E) Revocation. Permits may be revoked for serious or repeated violations of the requirements of this article, or for violation of other applicable laws, ordinances or regulations. A Permit revocation is permanent and a second Permit of any kind will not be granted to the previous Holder or any Person in privity with the previous Holder. The Permit shall be surrendered to the Mayor upon suspension or revocation.
(F) Reinspection. A Person whose Permit has been suspended may apply for an inspection of the premises for the purpose of reinstating the Permit by filing an additional application for a Permit at AACC on the form provided by the Mayor. Within five working days after AACC receives the application, the Mayor shall make an inspection. If the applicant and the site are in compliance with the requirements of this article and all other applicable laws, regulations, and ordinances, the Permit shall be reinstated. The reinstated Permit shall expire on the date of expiration of the previously suspended permit.
(G) Revocation of Exotic or Wild Animal Permit. If an Exotic or Wild Animal Permit is suspended or revoked, all Animals received, purchased, owned or kept under the authority of the Permit shall be surrendered to the Mayor for Impoundment as provided in the Impoundment section of this article. After a period of at least seven days, if the violations of the article which resulted in suspension or revocation of the Permit have not been corrected, the Mayor may sell or dispose of the Animal(s) in a humane manner.
(H) Appeal. A Person whose application for a Permit or Permit renewal has been approved on condition or denied, and a Permit Holder whose Permit has been suspended or revoked, may submit to the Mayor a written request for a hearing, provided that the written request is received at AACC within five days of the applicant's receipt of the written notice of denial or conditional approval. The hearing shall be conducted within a reasonable time.
(I) Hearing. Hearings shall be conducted by the Mayor at a time and a place designated by the Mayor and shall be recorded. All witnesses shall be sworn or affirmed. Written notice of the time, date and place of the hearing shall be mailed to the applicant and the Mayor.
(J) Preclusion and Default. The Administrative Hearing Officer may render a decision without proceeding with the hearing if the Administrative Hearing Officer determines that the issue has been previously decided in another proceeding which provided due process. If the applicant or the Mayor fails to appear at a scheduled hearing, the Hearing Officer may postpone the hearing for a period of no more than five business days or may determine that the absent party has waived his right to a hearing. Both parties shall be notified of such determination.
(K) Recording. The hearing shall be recorded by audio method, but need not be transcribed unless a written transcript is requested, in which case the cost of transcription shall be borne by the party requesting transcription. If one party prefers to have the hearing transcribed by a court reporter, that party shall pay all directly related costs, and the party requesting transcription shall pay the cost of transcription.
(L) Decision. The Hearing Officer shall prepare a written report of his findings and decision within ten days after the hearing and shall provide copies to the parties.
(M) Fee. A nonrefundable hearing fee of $50 shall accompany the appeal to the Mayor filed pursuant to this section.