A. Public Nuisance Declared: Any animal which is not confined or kept under restraint as required by this chapter, and any wild, exotic, dangerous or vicious animal kept or maintained within the city in violation of this chapter, and any animal which barks so frequently, regularly, or habitually that it causes serious annoyance to the surrounding neighborhood, is hereby declared a public nuisance.
B. Notice Ordering Abatement:
1. Whenever an animal control officer or police officer determines that a nuisance exists, the officer may cause a written notice ordering the abatement of the nuisance to be served upon the owner or custodian. The notice to abate shall contain a description of what constitutes the nuisance, the location of the nuisance, a statement of the act or acts necessary to abate the nuisance, a definite time within which the nuisance shall be abated, which time shall be reasonable under the circumstance, and a statement that the city will abate the nuisance if the nuisance is not abated in the manner and within the time stated and no request for a hearing is made within the time stated.
2. Notice to abate shall be served personally upon the owner or custodian by serving the owner or custodian or any person residing at the residence who is at least eighteen (18) years old, or by serving the owner or custodian by certified mail, return receipt requested. If service is by certified mail, service shall be deemed given when mailed.
C. Right Of Appeal; Hearing: Any person aggrieved by the action of this chapter shall have the following rights of appeal:
1. Within five (5) days, the person aggrieved may file a written appeal to the city administrator. The city administrator shall, within five (5) days, schedule a hearing, take whatever evidence or information is presented and shall, within two (2) days thereafter, decide to affirm or reverse the decision of issuing authority. If the decision is to reverse, the administrator shall have full power to increase, modify, or revoke the sanction.
2. If the person is still aggrieved, further appeal shall be requested in writing within five (5) days. Such appeal shall be heard by the city council at its next regularly scheduled meeting. Upon hearing such evidence or information as shall be produced, the council shall decide whether to affirm, modify, or reverse the decision of the administrator. No further appeal shall be granted.
D. Failure To Abate; City Action:
1. If a person ordered to abate a nuisance neglects or fails to abate as directed, the city may abate the nuisance.
2. If an animal is impounded, the owner or custodian shall be notified of the impoundment as provided in section 5-8-16 of this chapter. Notwithstanding any other provision of this chapter, the impoundment authority shall keep an impounded animal until such time as the animal control officer or police officer who ordered the abatement notifies the impoundment authority that the owner or custodian has complied with the order to abate or has agreed to abate the nuisance in some other manner, in which case the animal may be released to the owner or custodian after the payment of any fees or expenses incurred in the care of the animal. If the impoundment is not notified of the owner or custodian's compliance within twenty one (21) days of the impoundment after the final appeal, the impounded animal may be disposed of as otherwise provided by this chapter. (2008 Code § 5-14)