(A) The owner of any animal who meets one of the following conditions may appeal to the Town Board within ten days after receiving the written notice of the determination appealed from. An appeal is taken by filing a written notice of appeal with the Administrator and stays all enforcement efforts of the Administrator until the appeal is disposed of:
(1) Is required to remove his, her, or their animal from the town pursuant to § 90.038;
(2) Who has been assessed and has paid a civil penalty;
(4) Whose animal is declared a dangerous dog.
(B) (1) The Town Board shall meet within 20 days after notice of appeal is filed.
(2) A quorum of the Board shall consist of three members, and all decisions shall be made by majority vote.
(3) The Board may uphold, reverse, or modify the determination appealed from, and the Administrator shall thereafter continue, modify, or cease his, her, or their enforcement efforts in accordance with the Board’s decision.
(C) (1) The burden of justifying the Administrator’s determination shall be on the Administrator.
(2) Strict rules of evidence need not be followed, but the Board may consider only what a witness knows of his, her, or their own knowledge, and no decision may be based upon hearsay alone.
(D) The Board shall reach a decision as expeditiously as possible and shall provide the appellant and the Administrator with a written decision, stating the reasons therefor.
(Prior Code, § 3-38)