A. A person whose application for a permit or permit renewal has been approved on condition or denied and a permit holder, whose permit has been suspended or revoked, or who wishes to appeal the decision of the Animal Protection Division that an animal is dangerous or vicious may submit to the City Clerk a written request for a hearing. The written request must be received within five (5) days of the applicant’s receipt of the written notice from the city. The hearing shall be conducted within fifteen (15) days after the City Clerk receives the request for a hearing or as otherwise specified by this chapter.
B. Hearings shall be conducted by a Hearing Officer that is appointed by the City Manager at a time and place designated by the Hearing Officer and shall be recorded. All witnesses shall be sworn or affirmed. Written notice of the time and place of the hearing shall be mailed to the applicant and the Supervisor of the Animal Control Division.
C. The applicant shall be afforded a fair hearing which provides the basic safeguards of due process which shall include:
1. The opportunity to examine before the hearing and, at the expense of the applicant, to copy all documents, records and regulations that are relevant to the hearing.
2. The right to be represented by counsel or other persons chosen as his representative.
3. The right to present evidence and arguments in support of his appeal to controvert evidence relied on by the City, and to confront and cross examine all witnesses on whose testimony or information the City relies.
4. A decision based solely and exclusively upon the facts presented at the hearing.
D. The Hearing Officer shall prepare a written report of his findings and decision within three (3) days after the hearing and shall provide copies to the parties.
E. A party who is aggrieved by the decision of the Hearing Officer may appeal to the City Council.
1. The notice of appeal shall be filed in the Office of the City Clerk within five (5) days after the written decision is issued. If notice is filed by mail, date of receipt by Clerk shall control timeliness of appeal.
2. A copy of the appeal shall be forwarded by the City Clerk to the Animal Control Division Supervisor.
3. The Council shall set a date for a hearing on the appeal as soon as practicable, but in any event within thirty (30) days of receipt of notice by the City Clerk.
4. The Council shall review the written findings and decision of the Hearing Officer, review the evidence for and against the decision and, if necessary, hear statements from the aggrieved party and the prevailing party.
5. The Council shall determine if the decision should be affirmed or rescinded.
6. The decision of the Council shall be final. (Ord. 2017-10, 12-12-2017; amd. Ord. C2021-1, 5-11-2021)