A. When the Culver City Animal Services Division receives a subsequent verbal or written complaint concerning a noisy animal at the same location within 30 days after the issuance of an Initial Warning Animal Nuisance Complaint Notice, the Culver City Animal Services Division shall determine whether the Initial Warning Animal Nuisance Complaint Notice went unheeded. If the determination is made the noise was not abated, the Culver City Animal Services Division will give or send a Declaration of Animal Public Nuisance and Petition for an Administrative Hearing to the complaining party for completion.
B. The Declaration of Animal Public Nuisance and Petition for an Administrative Hearing shall be completed under penalty of perjury by the complaining party and returned to the Culver City Animal Services Division. If not returned within a 30-day period and no further complaints are received, no action will be taken by the Culver City Animal Services Division.
C. Declarations under penalty of perjury must be filed with the Culver City Animal Services stating in detail all of the following:
1. That Declarant is a resident of a residential home located within two hundred yards of the premises where the noisy animal is located;
2. Within the past month Declarant has heard the noisy animal bark, howl, whine or makes other sounds common to their species in a continuous or untimely fashion and for a substantially long period to the extreme annoyance of the Declarant;
3. That Declarant has had deterioration of emotional health from the barking, howling, whining or making other sounds common to their species;
4. That Declarant requests that the noisy animal either be removed from the premises or be confined indoors during specified hours;
5. That Declarant has mailed a copy of the declaration, certified mail, to the owner of the noisy animal.
D. The Culver City Animal Services Division, upon timely receipt of an executed Declaration of Animal Public Nuisance and Petition for an Administrative Hearing, shall set the case for hearing before the Administrative Hearing Officer. The hearing shall be set at least 10 and not more than 60 days from the date the Declaration is received. The Culver City Animal Services Division shall serve a notice, either personally or by first-class mail, to the complaining party and responsible party, of the date, time, and place for the hearing. The notice of hearing shall advise the complaining party and responsible party that they may present evidence at the hearing through witnesses, audio or video recordings or any other documentary evidence. The notice of hearing shall be accompanied by a copy of the Declaration of Animal Public Nuisance and Petition for an Administrative Hearing. If the notice cannot be safely served by personal service, then it may be posted upon the premises where the animal is kept and sent by first-class mail.
E. The complaining party may be informed that further action may not be warranted if the animal is controlled, but in any case, no further action can be taken until the completed Declaration of Complaint and Petition for an Administrative Hearing form is received by the Culver City Animal Services Division.
(Ord. No. 2017-011 § 2)