Whenever a valid appeal of an administrative decision is received within the applicable timeframes, as set out in this Title, the following appeal procedures shall apply:
(a) The appeal shall be in writing and shall be filed with the Animal Control Officer within 15 days of the decision being appealed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.
(b) Upon receipt of such timely appeal, the contracted animal control agency shall set a hearing date for the appeal. That date shall be within 45 days of the date of the appeal. The Animal Control Officer shall give written notice of the date, time and place of such hearing to the appellant at least ten days before the hearing. Such notice shall be sent by registered or certified mail, first-class, postage prepaid, return receipt requested.
(c) The appeal shall be heard by a Hearing Officer. The Hearing Officer may affirm, modify, or reverse the administrative decision. The appellant and the contracted animal control agency representative each may present evidence and witnesses. In conducting the hearing, the Hearing Officer shall not be limited by the technical rules relating to evidence and witnesses, but evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.
(d) During the pendency of the appeal, there shall be in effect an automatic stay of the administrative decision unless otherwise provided or unless to do so creates a health, safety or welfare risk.
(e) The decision of the Hearing Officer shall be final. Any person aggrieved by the order of the hearing officer may obtain judicial review of that order by filing a petition for review with the Superior Court of Riverside County in accordance with the timelines and provisions set forth in California Code of Civil Procedure Section 1094.6.
(3212/92 § 10.01.020) (Ord. 166, passed 4-6-2016; Am. Ord. 181, passed 5-1-2019)