(A) When the Director receives a subsequent verbal or written complaint concerning a noisy animal at the same location within 12 months after the issuance of a warning notice, the Director shall determine whether there is a violation of this chapter. If there is a violation of this chapter, a declaration of complaint of noisy animal and petition for administrative hearing ("declaration of complaint and petition") shall be issued by the Director to the complaining party. The complaining party shall be informed that further action may not be warranted if the responsible party is in compliance with subsection (B) of section 6.20.060 of this chapter, but in any case, no further action can be taken until the completed declaration of complaint and petition is received by the Director.
(B) The declaration of complaint and petition shall be completed under penalty of perjury by the complaining party and returned within ten days to the Director.
(C) The Director, upon receipt of a timely executed declaration of complaint and petition, shall set the case for bearing before an administrative hearing officer. The hearing shall be set at least ten days from the date the declaration of complaint and petition is received and no more than 30 days after the date the declaration of complaint and petition is received. The Director shall notify 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 and documents. The notice of hearing shall be accompanied by a copy of the completed declaration of complaint and petition. The notice of hearing shall be personally served or served by mail on all parties. If the notice of hearing cannot be mailed or safely served by personal service or reasonable attempts at personal service have failed, then it may be posted upon the premises where the animal is kept.
(Ord. 2018-252, passed 12-5-2018)