(A) Upon receipt of the completed complaint forms, the animal control supervisor, or his or her designee, may file a petition requesting a hearing before the Animal Control Board to determine whether the animal should be declared a noisy animal and thus a public nuisance. All complaints received from the public and from any complaining witnesses shall be attached to the petition.
(B) The Animal Control Board shall cause written notice of the hearing to be provided to any owner, keeper or other responsible party to whom the notice of violation was sent, along with a copy of the petition and any accompanying information filed with the Animal Control Board. The hearing notice shall include the date, time and location of the hearing, as well as a statement that the owner, keeper or other responsible party may present evidence at the hearing. The notice shall be provided either: (1) by personal delivery; (2) by postage prepaid first-class certified mail, with return receipt requested, and by postage prepaid first-class standard mail; or (3) by posting the premises where the animal is kept (for notice to an owner, keeper or other responsible party who resides at or occupies the premises where the animal is kept). If notice is posted on the premises, it shall be posted on the front door or primary entrance to the premises, or at a location which is visible from the street and which is as close to the front door or primary entrance to the premises as is reasonably possible, and time and date-stamped photographic evidence of the posting shall be taken and preserved as part of the file for the matter. Notice shall be deemed delivered when personally delivered, posted on the premises, or when deposited in the U.S. mail.
(C) The hearing shall be open to the public and shall be held not less than five business days or more than ten business days after service of the notice upon the owner or keeper of the animal; provided, however, that the Animal Control Board can extend the hearing date for good cause in its discretion. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross-examine opposing witnesses who have testified under direct examination; provided, however, that the Animal Control Board may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Board may also admit all relevant evidence, including incident reports and affidavits of witnesses, if it is the type on which reasonable persons are accustomed to rely in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding, unless it would be admissible over objection in a civil action. The rules of privilege are applicable to the extent they are permitted in civil actions. Oral evidence may be taken on oath or affirmation. Irrelevant collateral, undue or repetitious evidence shall be excluded. The Animal Control Board may decide all issues even if any or every owner, keeper or other responsible party fails to appear at the hearing. The Animal Control Board may find, upon a preponderance of the evidence, that the animal is a noisy animal and make other orders authorized by this chapter.
(`78 Code, §§ 6.11.040, 6.11.050, 6.11.060.) (Ord. 3170 § 2 (part), 2014; Ord. 3088 § 1 (part), 2011; Ord. 2095 § 2 (part), 1992.)