If a police officer, fire fighter, Animal Control Officer, county or state health official determines a dog to be vicious, he shall notify the person residing at the place the dog was being harbored in writing of such determination by first class mail and/or certified mail. The owner or person-in- charge may request a review of said determination by the Board of Works and Safety within five days of the date of the notice. Said request shall be filed with the Clerk-Treasurer. Failure to file the request timely will forfeit all rights of review. the decision by the Board of Public Works and Safety may be appealed. The Miami Circuit or Superior Court shall have exclusive jurisdiction over any review or appeal. The appeal or review of the decision of the Board of Works and Safety shall be filed within five days of the board's decision by filing a petition with the Miami Circuit or Superior Court. Failure to file an appeal within the time permitted shall forfeit all rights of appeal. The issue shall be decided upon the preponderance of the evidence.
(Ord. 40-1989, passed 11-6-89; Am. Ord. 20, 2012, passed 9-4-12)