.010 Hearings shall be conducted by a Hearing Officer either: (i) on the date and at the time and place specified in the barking dog citation, or (ii) on the date assigned when a continuance pursuant to subsection .060 below has been granted. The violator and complainant shall be notified of the assigned hearing date, time and location by the Director or his or her designee.
.020 The Director or his or her designee will provide all pertinent documents and records in the possession of Animal Care Services related to the barking dog citation are delivered to the Hearing Officer.
.030 The violator and complainant shall be given the opportunity to testify and to present evidence relevant to the barking dog citation. A parent or legal guardian of a violator, who is a juvenile, under eighteen (18) years of age, must accompany the juvenile to the hearing or the administrative hearing will be deemed abandoned by the violator. Such abandonment shall also constitute a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation.
.040 The citation itself and accompanying complainant’s affidavit signed under penalty of perjury attesting to the barking dog violation provided to the Hearing Officer shall be accepted by the Hearing Officer as prima facie evidence of the violation and the facts stated in such documents.
.050 Neither the Enforcement Officer nor any other representative of the County or City shall be required to attend the hearing. However, any such appearance and/or additional submission may be made at the discretion of the Enforcement Officer or any other Animal Care Services employee.
.060 The Director may continue a hearing once if a request for continuance is made showing good cause by a violator, a complainant, or a representative of the County or City. A Hearing Officer may also continue a hearing upon his or her own motion. All continuance requests shall either: (i) be made in person at the hearing, or (ii) be made by a written request received by the Director via e-mail, facsimile or letter at least seven calendar days prior to the hearing date. If a continuance is granted, the parties will be notified, and a new hearing date shall be scheduled that is within fourteen (14) days of the date on which the continued hearing was first scheduled to take place. If the request for continuance is denied, the parties will be notified, and the hearing shall proceed as originally scheduled. If the violator or complainant is not present on an assigned hearing date and no continuance of the hearing has been granted, the hearing shall be deemed abandoned or dismissed in accordance with subsection .090 below.
.070 The hearing shall be conducted informally and the legal rules of evidence need not be followed.
.080 The Hearing Officer does not have the authority to issue a subpoena or subpoena duces tecum.
.090 The failure of the violator to appear at the hearing, unless the hearing was continued per subsection .060 above, shall constitute an abandonment of the administrative hearing, and a failure to exhaust administrative remedies concerning the violation set forth in the barking dog citation. The violator’s failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant. The failure of the complainant to appear at the hearing, unless the hearing was continued per subsection .060 above, shall constitute an abandonment of the complaint and shall be grounds for a dismissal of the barking dog citation. The complainant’s failure to appear shall be noted on the notice of decision completed by the Hearing Officer and mailed to the violator and complainant.
(Ord. 6102 § 1 (part); April 22, 2008.)