§ 91.041 BASIS FOR ADVERSE ACTION AND APPEAL.
   (A)   A license applied or issued under this chapter may be denied, suspended, or revoked by determination of Animal Control if:
      (1)   The application filed is found to be incomplete;
      (2)   The applicant failed to pay the required fee;
      (3)   The applicant provided false or misleading information;
      (4)   The applicant violates any land use/condition use permit, animal control regulation, building code, or zoning ordinance under this, or another, jurisdiction which relates to the establishment;
      (5)   The applicant is found to be maintaining or selling illegal species, wild animals, or prohibited animals;
      (6)   The applicant fails an inspection based upon regulations, general health, or sanitation;
      (7)   The applicant is determined to be a nuisance; and
      (8)   The applicant, owner, or operator is convicted of a charge of cruelty to animals.
   (B)   The procedure for adverse action is as follows:
      (1)   Animal Control shall provide written notice to the applicant/licensee at the address on the application, stating:
         (a)   State the nature of the violation(s);
         (b)   Establish a specific and reasonable period of time for correction of the violation(s);
         (c)   State that any failure to comply with any notice issued under this chapter shall cause immediate denial, suspension, or revocation; and
         (d)   State that an opportunity for an appeal of a final decision may be filed with the city’s appeal authority, as provided by law, within ten days.
      (2)   Denial is appropriate for application irregularities;
      (3)   Suspension is appropriate pending the licensee bringing minor violations into compliance;
      (4)   Revocation is appropriate for continuing violations, serious illegal activities, and nuisances; and
      (5)   No license shall be issued to any person whose license has been revoked within the prior 12 months. After the elapse of 12 months, a person may reapply for a license subject to this chapter.
   (C)   Notice provided for under this chapter is deemed to have been properly served upon certified mailing of the notice to the address in the application.
   (D)   Appeal hearings shall be conducted under the then-extant city procedures applicable to the procedure for the appeal authority. Failure to file an appeal within ten days bars further claim.
(Prior Code, § 9.06.130) (Ord. 04-2013, passed 3-6-2013)