§ 90.53 RECKLESS OWNER.
   (A)   The city may initiate administrative proceedings to declare an owner to be a reckless owner, and to revoke all pet license(s) issued to such person if such owner has paid a fine to the city by waiver, or has been issued a citation for a violation of this subchapter, §§ 90.41 through 90.55, and has failed to pay the fine in the time required by such citation, or who has been convicted of or who has been convicted of one or more violations of this subchapter, §§ 90.41 through 90.55, on two separate occasions in a 24-month period or whose animal(s) has been determined to be dangerous or potentially dangerous and who has not complied with the requirements of this chapter pertaining to dangerous or potentially dangerous animal(s), a reckless owner, and to revoke all pet license(s) associated with said animal(s) issued to such person. Such proceedings shall be instituted by service of a notice in writing upon such owner either by regular mail to the owner's last known address or to the owner personally. The notice shall contain:
      (1)   The name and address of the owner who is subject to such declaration and revocation decision;
      (2)   The name(s), description(s) and license number(s) of any animal(s) associated with such violations licensed to the owner;
      (3)   A description of the violations or requirements which form the basis of such declaration and revocation decision, including the case numbers, if any;
      (4)   A summary of the effects of such declaration, including the revocation of said pet license(s) and surrender of said animal(s);
      (5)   The date of proposed entry of the declaration and revocation decision which shall be not less than ten days after the date of mailing or personal service of the notice; and
      (6)   Notification of the availability of an appeal, if the owner objects to such declaration and revocation decision, within ten days of the date of mailing or personal service of the notice.
   (B)   Upon entry of such declaration and revocation decision, unless an appeal of such is filed with the city in accordance with this section, such reckless owner shall be required to surrender said animal(s) to any city law enforcement officer or Animal Control Officer within 24 hours. Failure to surrender such animal(s) shall result in immediate impoundment by the city. Such surrendered or impounded animal(s) shall immediately become, the property of the city and may be disposed of by the city as they deem appropriate.
   (C)   An owner who is declared a reckless owner shall be prohibited from licensing, residing with, or owning any additional animal(s) in the city for a period of 48 months from the date of entry of the declaration and revocation decision.
   (D)   An appeal of such declaration and revocation decision shall be heard by the City Council Safety Committee which shall provide an opportunity for the owner to appear and offer evidence to dispute the declaration and revocation decision. The filing fee for each appeal shall be $200 payable to the city at the time of the filing of said appeal. A determination to affirm or reverse such decision shall be determined by the City Council Safety Committee within ten days of the date of the hearing.
(Ord. 2012-16, passed 2-19-2013)