(A) The following process shall apply to the appeal of any actions or declarations of the Animal Control Authority or his/her designee pursuant to this chapter. The City Council at any of its regular or special council meeting shall serve as the Animal Control Board.
(B) Appeal. Any individual or entity desiring to appeal an order issued by the Animal Control Authority to the Animal Control Board may do so by filing a written notice of appeal with the Police Department as well as pay a $25 fee within five days after notification of the Animal Control Authority order. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Police Department.
(1) Within five days of receiving the written notice of appeal, the Police Department shall set the date for the hearing of the appeal with the Animal Control Board. Said hearing shall be not less than five days nor more than 30 days from the date the Police Department received the written notice of appeal.
(2) Notice of the hearing may be personally served on the owner, a duly designated representative, the owner's attorney, or an adult member of the owner's household. Notice may also be served by first-class U.S. mail to the address listed on the notice of appeal at least five days prior to the hearing date.
(3) The hearing on appeal shall be subject to the Open Meetings Law, and the notice required there under shall be posted and given as applicable. The hearing will be conducted informally and the rules of evidence shall not strictly apply.
(4) The city may be represented before the Board by the City Attorney's office or the Police Department. The owner may represent him or herself or may be represented by an attorney.
(5) The owner shall have the burden to prove by a preponderance of the evidence that the action of the Animal Control Authority or his or her designee should be reversed.
(6) Each party will be given the opportunity to present their side of the matter, including the presentation of witnesses and exhibits. Any exhibits given to the Board members to examine shall become part of the permanent record and will not be returned to the party submitting the same. At the conclusion of the parties presentations, the Board may make a determination or may take the matter under advisement. Ultimately, the Animal Control Board, by majority vote of those present and voting, may affirm, modify or reverse the determination of the Animal Control Authority.
(7) The proceedings before the board shall be recorded by one of the following methods: electronic audio or video recording, certified court reporter, or extensive notes of the testimony kept by a person designated by the Board.
(8) Any participant shall be entitled to transcribe the proceeding at his or her own expense.
(9) The decision of the Board shall be deemed final upon the announcement of the vote of the Board at an open meeting of the Board. The decision does not have to be reduced to writing, but shall be noted in the minutes of the Board's meeting. If the order is reduced to writing, it shall still be deemed to have been the final order of the Board at the time of announcement.
(10) The final decision of the board may be appealed in accordance with the provisions of Nebraska Law. If such an appeal is undertaken, and the animal is being held in the custody of the city, then an appeal bond in the amount set forth in the current schedule of fees shall be paid to and held by a local veterinarian clinic of the owner's choice pending the outcome of the appeal.
(Ord. 2297, passed 1-20-2009)