A. The owner of the animal may appeal the notice of declaration by filing an appeal with Animal Care Services within five days from the date of service of such notice, a written appeal containing:
1. A brief statement setting forth the legal interest of each of the appellants regarding the animal involved in the declaration;
2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested declaration should be reversed, modified, or otherwise set aside;
3. The signatures of all parties named as appellants and their official mailing addresses, with statements from each appellant that each agrees to accept service of the written notice of the time and place of the appeal hearing and the decision of the hearing examiner at such address;
4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B. Upon receipt of any appeal filed and payment of applicable appeal fees pursuant to this section, the manager shall transmit within five business days of receipt, said appeal to the secretary of the Administrative Hearing Officer, who shall calendar it for hearing as described in Section 8.04.170(B).
C. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant by the secretary of the administrative hearing officer either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal.
D. Failure of an owner to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the declaration.
E. In the event the animal is impounded with Animal Care Services, then the appeal shall be accompanied by a deposit equal to the amount of thirty (30) days of impoundment. If the animal's impoundment does not exceed thirty (30) days, the remaining balance shall be returned to the owner.
F. An owner appealing the imposition of a dangerous or potentially dangerous animal declaration shall be required to pay to the city clerk, at the time the written notice of appeal is filed, an appeal fee which shall be set by resolution of the city council. Such fee shall be refunded to the appellant if the administrative hearing officer determines that imposition of the fee is not warranted or is not in the interest of justice. No notice of appeal is valid unless accompanied by the appeal fee.
G. All victims shall receive notice of hearings, impoundments, and any and all restrictions provided for in this article that relate to the incident by which that person was injured. The manager may also cause notice to be given to complainants regarding notices of hearings, impoundments, and any and all restrictions provided for in this article that relate to reports or complaints when he or she finds it reasonable and practical to do so. (Ord. 2003-044 § 3; prior code § 6.09.104)