(A) There shall be an Animal Control Appeals Board (ACAB) as authorized by G.S. § 67-4.1. This Board shall be appointed by the town’s Board of Commissioners. It shall consist of the county’s Deputy Sheriff (not a member of town reserves), one veterinarian, one citizen and one alternate.
(B) The owner may appeal the Animal Control Officer’s decision within three days by filing written objections with the appellate board. Within ten days of the receipt of the written appeal, the Animal Control Appeals Board shall hold at least one hearing on the appeal. Following the close of the hearing, the Animal Control Appeals Board shall take final action based on the procedures and requirements of this section.
(1) In exercising the appeal power, the ACAB shall have all the powers of the official from whom the appeal is taken and the ACAB may reverse or affirm wholly or partly or may modify the decision being appealed.
(2) If the ACAB determines that it is necessary to obtain additional evidence in order to resolve the matter, he or she shall remand the appeal to the Animal Control Officer from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence.
(C) The ACAB may reverse an order, requirement, decision or determination of the Animal Control Officer only when the ACAB finds substantial, factual evidence in the official record of the appeal that the Animal Control Officer erred. The decision of the ACAB shall be supported by written findings of fact.
(1) Within 30 days after a final decision of an administrative appeal is made by the ACAB, copies of the written decision shall be sent to the appellant and filed in the office of the Town Clerk, where it shall be available for public inspection during regular office hours.
(2) Contemporaneous with the filing of the decision of the ACAB, a written copy of the ACAB’s decision shall be sent, via first class mail or personal service, to the appellant at the appellant’s last known address or such other addresses as the appellant may request in writing in the appeal documents.
(D) Any person who is directly affected by a decision of the ACAB may appeal the decision to the Superior Court of the county. An appeal to Superior Court must be filed within ten days of the final decision of the ACAB.
(E) Individuals participating in the appeals process set forth above may, at their own cost and expense, be represented by legal counsel if they so desire.
(F) Only individuals licensed as attorneys to practice law in the state are permitted to represent individuals in these proceedings.
(G) If an animal has already been found to be a public nuisance, vicious, dangerous, potentially dangerous or otherwise found to be in violation of this chapter, and the appeal process has either lapsed or has been exhausted, no appeals may be filed regarding future citations written under these sections.
(Prior Code, § 91.29) (Ord. passed - -)