(a) If an owner or custodian claims that his or her dog is exempt from the spaying or neutering requirements pursuant to § 32.1501 or § 32.1502, but the Health Officer has determined that the dog does not qualify for such exemption, the owner or custodian may file with the Health Officer a written appeal contesting the determination. Any such appeal must be filed within five calendar days of notice of the determination otherwise the right to appeal is deemed waived.
(b) At a noticed appeal hearing before the Chief Officer or designee (hereinafter “Chief Officer”), relevant evidence may be submitted by the parties. Following the hearing, the Chief Officer shall prepare a written notice of findings and determination as to whether an exemption to the spaying or neutering requirements exists under § 32.1501 or § 32.1502 and shall transmit said notice of findings and determination to the owner or custodian by first class mail, postage prepaid, or by other reasonable means of service. The owner's or custodian’s failure to appear at the hearing shall constitute a waiver of appeal. The findings and orders of the Chief Officer shall be final and conclusive upon all parties.
(Ord. 4150, passed - -2011)