SEC. 5-9. SUBPOENA POWER.

   The hearing officer shall, at the request of any party, issue subpoenas and subpoenas duces tecum for the attendance of witnesses or production of documents at the preliminary hearing or public nuisance hearing. Any person duly subpoenaed to appear and testify or to produce any books and papers who wrongfully neglects or refuses to appear or to testify or to produce such books and papers shall be guilty of a misdemeanor.

(`64 Code, Sec. 5-2.7) (Ord. No. 2239, 2375, 2639)

SEC. 5-10. RECORD OF HEARING.

   The hearing officer shall record the preliminary hearing and the public nuisance hearing on a recording device and shall make such recording available to the parties upon request. The hearing officer shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and who deposits with the city treasurer the estimated cost of making such copy or preparing such transcript.

(`64 Code, Sec. 5-2.8) (Ord. No. 2239, 2375, 2639)

SEC. 5-11. FINDINGS.

   Within 15 days after the conclusion of the public nuisance hearing, the hearing officer shall make written findings and render a decision on the issues presented at the hearing.

(`64 Code, Sec. 5-2.9) (Ord. No. 2239, 2375, 2639)

SEC. 5-12. ORDER.

   (A)   The hearing officer shall determine what actions are reasonably necessary in order to resolve the issues presented at the public nuisance hearing. If the hearing officer determines that the animal in question is a public nuisance in violation of subsections (A)(2) through (A)(4) of section 5-2, the hearing officer shall order the animal humanely destroyed.

   (B)   If the hearing officer determines that the animal in question is a public nuisance in violation of another portion of section 5-2, the hearing officer shall make an order with conditions that are reasonably calculated to assure that the animal does not continue to be a public nuisance.

   (C)   If the hearing officer determines that the animal in question is a public nuisance, then the order of the hearing officer shall include the requirement that the owner or keeper of the animal pay the animal pound fees if the animal was impounded.

(`64 Code, Sec. 5-2.10) (Ord. No. 2239, 2375, 2639)

SEC. 5-13. NOTICE OF ORDER.

   The hearing officer's findings and order shall be final when issued and shall be served promptly on the parties.

(`64 Code, Sec. 5-2.11) (Ord. No. 2239, 2375, 2639)

SEC. 5-14. FAILURE TO COMPLY WITH ORDER.

   The failure of an owner or keeper of an animal to take any action required by the order of the hearing officer within the applicable time limit specified in the order shall be a misdemeanor or an infraction. The humane destruction of the animal by the owner within such time limit shall be deemed compliance with the order regardless of the abatement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit shall constitute a separate offense. The poundmaster may seize any animal being maintained in violation of any order of the hearing officer.

(`64 Code, Sec. 5-2.12) (Ord. No. 2239, 2375, 2388, 2639)

SEC. 5-15. FINALITY OF ORDER.

   The decision of the hearing officer shall be final and constitutes the exhaustion of available administrative remedies to review complaints of public nuisances caused by animals.

(`64 Code, Sec. 5-2.13) (Ord. No. 2239, 2375, 2639)

SEC. 5-16. RESERVED.

(`64 Code, Sec. 5-3)