A. At the conclusion of the hearing, the hearing officer may determine:
1. That the animal is not a dangerous or vicious animal and should be returned to its owner. Upon such finding the hearing officer has discretion to determine whether the applicable impound and appeal fees should be waived if the hearing officer determines that the animal should not have been impounded at the time of the incident. The hearing officer may order that the fees shall be required to be paid as a condition of the animal being returned if the hearing officer determines the circumstances of the incident supported the conclusion by the animal control officer that the animal was dangerous or vicious when it was impounded.
2. That the evidence presented at the hearing is insufficient to determine that the animal is or is not dangerous or vicious, but there is sufficient evidence to determine that the attack, bite or injury was the result of improper or negligent training, handling or maintenance and that the license should be revoked and a provisional license be issued while the owner and dog undertake training and educational requirements pursuant to the provisions of Section 6.16.070.
3. That the animal is a dangerous or vicious animal and it should be humanely destroyed no sooner than the tenth (10th) business day following the mailing of notice of the hearing officer's decision, pursuant to Section 6.16.060(C).
B. The decision of the hearing officer shall be in writing and shall be delivered personally to the owner or mailed to him or her by regular mail at the address appearing on the request for hearing. A copy of the decision shall be mailed to the animal control officer. If the decision concludes that the animal is dangerous or vicious, the decision shall include the following notification:
“This decision is final. The animal's owner may seek judicial review of this decision by filing an appeal with the Tulare County Superior Court, pursuant to Visalia Municipal Code Section 6.16.050(C) and California Food and Agriculture Code section 31622. If you file such an action, you must also notify City of Visalia Animal Services in writing by serving notice of your appeal by personal service during regular business hours or by First Class Mail, postage prepaid, at:
City of Visalia Animal Services
29016 Highway 99
Visalia, California 93277
An appeal must be filed within five (5) days after your receipt of this decision. If no such petition is filed and timely service is not made of an appeal within ten (10) business days of the date this decision is mailed to you, City of Visalia Animal Services will order the destruction of the animal in a humane manner.”
C. The decision of the hearing officer shall be considered the final decision. Either the City or the animal's owner may seek judicial review of the hearing officer's decision by filing an appeal with the Tulare County Superior Court, pursuant to the applicable provisions of California Food and Agriculture Code section 31622. The party seeking judicial review is responsible for the costs of preparing the administrative record.
(Ord. 2019-09 § 2, 2019; Ord. 2004-22 § 2 (part), 2004: Ord. 9605 § 20 (part), 1996: prior code § 4640)