At least five days prior to the impoundment of any dog or cat pursuant to this Chapter, written notice shall be given by registered or certified mail, postage prepaid, to the owner’s last known address, of the grounds for believing the animal should be seized and such owner’s right to a hearing as to whether or not impoundment of his or her dog, cat or other animal is justified.
(a) The notice shall include all of the following information:
(1) The name, business address, and telephone number of the Animal Control Officer providing the notice;
(2) A description of the animal to be seized, including any identification upon the animal;
(3) The authority and purpose for the possible seizure or impoundment;
(4) A statement that, in order to receive a hearing prior to any seizure, the owner or his or her agent should sign and return the enclosed declaration of ownership or right to keep the animal to the Animal Control Officer providing the notice within two days, (excluding weekends and holidays), of the date of the notice; and
(5) A statement that the cost of caring for and treating any animal properly seized under this Section is a lien on the animal; that any animal seized shall not be returned to the owner until such charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.
(b) The Animal Control Officer also shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver to the owner a copy of the notice.
(c) In the event the owner requests a hearing prior to impoundment, no impoundment shall take place until the conclusion of such hearing, except as otherwise provided herein.
(d) The pre-seizure hearing shall be conducted within two (2) days, excluding weekends and holidays, after receipt of the request for such hearing. The hearing shall be informal and shall not be limited by the technical rules of evidence, but evidence shall be of the type upon which reasonable people rely.
(e) Failure of the owner to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this Chapter.
(f) The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements for the Animal Control Officer to view the animal, or unless the owner can provide verification that the animal has been humanely destroyed. Any person who willfully fails to produce the animal or provide appropriate verification is guilty of a violation of this Code.
(g) After the hearing, the hearing officer may affirm or deny the owner's or keeper's right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.
(h) The Hearing Officer’s decision shall be final.
(32-12/92 § 10.09.030; and by 40-10/93 Section 1; Am. Ord. 166, passed 4-6-2016)