Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings, the Director or his or her designee shall provide the owner or keeper of the animals, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine set by the City Council via resolution which may be updated from time to time.
(A) Animal services or law enforcement agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized. The notice shall include all of the following:
(1) The name, business address, and telephone number of the officer providing the notice;
(2) A description of the animal to be seized, including any identification upon the animal;
(3) The authority and puipose for the possible seizure or impoundment;
(4) A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice;
(5) A statement that the cost of caring for and treating any animal properly seized is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request a hearing within the prescribed time period, or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.
(B) The pre-seizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of this request. The hearing shall be conducted in accordance with the procedure established in the Hearings section.
(C) Failure of the owner or keeper, or his or her agent, to request a hearing within the prescribed time, period or to attend a scheduled hearing, shall result in a forfeiture of any right to a pre-seizure hearing or right to challenge his or her liability for costs incurred pursuant to this chapter.
(Ord. 2018-252, passed 12-5-2018)