(A) Notice. After a dog has been declared dangerous, or potentially dangerous, or has been seized for destruction, the city shall give notice by delivering, or mailing, it to the owner of the dog, or by posting a copy of it at the place where the dog is kept, or by delivering it to a person residing on the property, and telephoning, if possible. The notice shall include:
(1) A description of the seized dog; the authority for, and purpose of, the declaration, and seizure; the time, place, and circumstances under which the dog was declared; and the telephone number, and contact person, where the dog is kept;
(2) A statement that the owner of the dog may request a hearing concerning the declaration, and that failure to do so within 14 days of the date of the notice will terminate the owner’s right to a hearing;
(3) A statement that if an appeal request is made within 14 days of the notice, the owner must immediately comply with the requirements of M.S. § 347.52, paragraphs (a) and (c), as it may be amended from time to time, regarding proper enclosures, and notification to the city upon transfer, or death, of the dog, until such time as the hearing officer issues an opinion;
(4) A statement that, if the hearing officer affirms the dangerous dog declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of M.S. §§ 347.51, 347.515, and 347.52, as they may be amended from time to time;
(5) A form to request a hearing; and
(6) A statement that if the dog has been seized, all maintenance costs of the care, keeping, and disposition of the dog, pending the outcome of the hearing, are the responsibility of the owner, unless a court, or hearing officer, finds that the seizure, or impoundment, was not substantially justified by law.
(B) Right to hearing.
(1) After a dog has been declared dangerous, potentially dangerous, or has been seized for destruction, the owner may appeal, in writing, to the city within 14 days after notice of the declaration, or seizure. Failure to do so within 14 days of the date of the notice will terminate the owner’s right to a hearing. The owner must pay a nonrefundable $100 fee for an appeal hearing.
(2) The appeal hearing will be held within 14 days of the request. The hearing officer must be an impartial employee of the city, or an impartial person retained by the city, to conduct the hearing.
(3) If the declaration, or destruction, is upheld by the hearing officer, actual expenses of the hearing, up to a maximum of $1,000, as well as all maintenance costs, will be the responsibility of the dog’s owner. The hearing officer shall issue a decision on the matter within ten days after the hearing. The decision shall be delivered to the dog’s owner by hand delivery, or registered mail, as soon as practical, and a copy shall be provided to the city. The decision of the hearing officer is final.
(Ord. 19, third series, passed 6-21-2011)