(A) Any animal which is not confined or kept under restraint as required by this chapter, and any wild, exotic, dangerous or vicious animal kept or maintained within the city in violation of this chapter, any animal, which barks so frequently, regularly or habitually that it causes serious annoyance to the surrounding neighborhood, is hereby declared a public nuisance.
(B) Whenever an animal control officer or police officer determines that a nuisance exists, the officer may cause a written notice ordering the abatement of the nuisance to be served upon the owner or custodian. The notice to abate shall contain a description of what constitutes the nuisance, the location of the nuisance, a statement of the act or acts necessary to abate the nuisance, a definite time within which the nuisance shall be abated which time shall be reasonable under the circumstances and a statement that the city will abate the nuisance if the nuisance is not abated in the manner and within the time stated and no request for a hearing is made within the time stated. Notice to abate shall be served personally upon the owner or custodian by serving the owner or custodian or any person residing at the residence who is at least 18 years old, or by serving the owner or custodian by certified mail return receipt requested. If service is by certified mail, service shall be deemed given when mailed.
(C) (1) Any person ordered to abate a nuisance may request a hearing on the order to abate by delivering a written request for a hearing to the animal control officer who ordered the abatement. Such a request must be delivered prior to the time specified in the notice to abate or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. Any hearing so requested shall be held within 30 days of the date the written appeal is delivered to the animal control officer and shall be held by the Animal Hearing Commission.
(2) At the conclusion of the hearing, the Animal Hearing Commission shall render a decision as to:
(a) Whether a nuisance exists;
(b) If so, what steps the person must take to abate the same; and
(c) The time frame for the abatement.
(D) If a person ordered to abate a nuisance neglects or fails to abate the nuisance as directed, the city may abate the nuisance. If an animal is impounded, the owner or custodian of the animal shall be notified of the impoundment, as provided in § 16.00 of this chapter. Notwithstanding any other provision of this chapter, the impoundment authority shall keep an impounded animal until such time as the animal control officer who ordered the abatement notifies the impoundment authority that the owner or custodian has complied with the order to abate or has abated the nuisance in some other acceptable manner, in which case, the animal may be released to the owner or custodian upon payment of all the costs, fees and other expenses incurred in the care of the animal have been paid. If the impoundment authority is not notified of the owner’s or custodian’s compliance within three days after the impoundment, in the case of a previously abated nuisance animal, or from the time specified in a formal order of abatement, the impounded animal may be disposed of in the discretion of the humane society.