Whenever the Animal Control Officer seizes or impounds an animal based on a reasonable belief that prompt action without a hearing is required to protect the health or safety of the animal or the health or safety of others, the Animal Control Officer shall provide the owner or keeper of the animal, if known, or ascertainable after reasonable investigation, with the opportunity for a post-seizure hearing to determine the validity of the seizure or impoundment.
(a) The Animal Control Officer shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays, after the seizure or impoundment. The notice shall include all of the following:
(1) The name, business address, and telephone number of the officer providing the notice;
(2) A description of the animal seized, including any identification upon the animal;
(3) The authority and purpose for the seizure or impoundment, including the time, place, and circumstances under which the animal was seized;
(4) A statement that, in order to receive a post seizure hearing, the owner may request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the Animal Control Officer within ten days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail; 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 and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
(b) The post-seizure hearing shall be conducted within two days of receipt of the request for such hearing, excluding weekends and holidays, and shall be conducted as set out in Section 10.28.030.
(c) Failure of the owner to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred.
(32-12/92 § 10.09.040)