(A) Any person, owner, or possessor affected by an action taken by the Animal Control Unit may request a review of such action by filing a request for appeal with the City Manager. The only exceptions to this right of appeal to the City Manager are attempts to appeal an action taken by the Animal Control Unit in compliance with a court order or to appeal an action that is pending in the criminal courts. Any appeal pertaining to a criminal case or an order from a judicial official must be addressed in accordance with laws and rules applicable to the court with jurisdiction to consider the matter for which judicial review is sought.
(B) Unless otherwise provided by law, a request for appeal must be made in writing and filed with the City Manager, with a copy to the chief, within ten business days of the action or decision complained of and must state with particularity the grounds for the appeal. An appeal hearing shall be scheduled and conducted by the City Manager as soon as is practicable. Written notice of the date, time, and location of such a hearing will be mailed to the last known address of the person who filed the appeal.
(C) After conducting the hearing and considering the available evidence, the City Manager may reverse or affirm, in whole or in part, the action taken by the Animal Control Unit. The City Manager may also modify the action(s) taken by the animal control officer. The City Manager's decision is final, and there shall be no appeal from the decision of the City Manager to the City Council. The City Manager shall render a decision within five business days of the conclusion of the hearing. The decision shall be mailed to the person requesting the appeal and to the Chief.
(D) If the City Manager's decision is against the person requesting the appeal, the Animal Control Unit shall implement the action(s) upheld by the City Manager.
(E) If the decision is against the Animal Control Unit, efforts to implement the action(s) under appeal shall immediately cease.
(F) A decision rendered by the City Manager applies only to the particular action(s) appealed, and such a decision does not preclude the Animal Control Unit from taking enforcement action in response to a subsequent violation of the same provision or any other provision of this chapter.
(Ord. 02 ORD 1-15, passed 1-8-15)