(A) Within 72 hours of the close of the hearing conducted pursuant to § 6.40.130, the owner or custodian of the animal or household pet shall be notified in writing of the determination and order issued, either personally or by first class mail, postage prepaid. Receipt of notice shall be deemed to have occurred as of the date of personal service or as of the date of deposit in the course of transmission of the United States Postal Service. If the petitioner or the owner or custodian of the animal or household pet contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision, which appeal shall be made to a Hearing Officer by filing a written statement of the grounds for appeal with the City Clerk.
(B) The Hearing Officer shall conduct an appeal hearing and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented. The appeal hearing shall be conducted in the same manner set forth in § 6.40.130 and within no less than 15 calendar days after filing of the appeal with the City Clerk. Not less than five days prior to the appeal hearing, the City Clerk shall give notice of the time and place of the appeal hearing to the owner or custodian of the animal or household pet. The hearing officer may admit all relevant evidence, including incident reports and the statements of witnesses, and may shorten the time to produce records or witnesses. The issue shall be decided upon the preponderance of the evidence. The Hearing Officer may affirm, modify, or reverse the decision of the Police Chief, and shall state the reasons therefore. If the Hearing Officer rules the animal or household pet to be potentially dangerous or vicious, the Hearing Officer may establish a time schedule to ensure compliance with this chapter, but in no case more than 30 days subsequent to the date of the Hearing Officer’s determination or 35 days if the service of the determination is by first-class mail.
(C) The determination of the Hearing Officer shall be final and conclusive upon all parties.
(Ord. 2010-18 § 6, 2010)