Chapter 6.12 ADMINISTRATION

Chapter 6.12
ADMINISTRATION

Sections:

6.12.010 Records of Stanislaus animal services agency.

6.12.030 Notice – Administrative hearings and appeal of administrative decision.

6.12.010 Records of Stanislaus animal services agency.

The animal services executive director shall keep records concerning the operation of the animal shelter as set forth by statute or regulations established pursuant to HMC 6.04.030. (Ord. 13-04(A) § 1, 2013)

6.12.020 Information on animal care.

The animal services executive director is authorized to distribute to the people of the city brochures and information pertaining to care and control of animals. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989. Formerly 6.12.010)

6.12.030 Notice – Administrative hearings and appeal of administrative decision.

A. Notice of Hearing. The animal services administrative hearing, hereafter called animal court, shall be a public hearing, administered by SASA. The hearings shall be held on the first Wednesday of each month. The person issued the citation shall have at least 30 days from the date on the citation (the date of issuance) to appeal the violation(s). Upon receipt of the written appeal, the matter will be set for hearing at the next animal court. Notice of the hearing shall be issued in person or by mail through the U.S. Postal Service.

The alleged violator who requests a hearing shall be responsible for the cost(s) of the hearing and will be required to leave a deposit in the amount shown in the fee schedule for the alleged violations, Chapter 6.50 HMC as may be amended by the county, unless a lesser amount is permitted to be deposited at the discretion of the animal services executive director or designee. If the alleged violator fails to appear at the scheduled hearing, the deposit shall be forfeited and any additional fees owed for the alleged violation(s) will be the violator’s responsibility to pay. If the alleged violator appears at animal court and is found guilty of the offense charged, the fees imposed by the animal court will be deducted from the deposit. If the fees imposed by animal court exceed the amount of the deposit, the alleged violator will be responsible to pay the difference. If the fees imposed are less than the deposit, the difference will be refunded to the person. If the person is determined to be not guilty, the deposit will be refunded.

B. Hearing Procedure. The following sets forth the procedural rules applicable to the administrative hearing:

At the date, time and place set for the hearing, one of at least three hearing officers, appointed by the board of SASA, assigned to the hearings in a fixed rotational order, shall hear testimony and receive evidence presented by the alleged violator appealing the issuance of a citation, SASA and/or a third party complainant. At the outset of the hearing, the alleged violator may challenge the hearing officer first assigned to the matter. As a result, the hearing may be continued until the next month to be held before the hearing officer next in order. The hearing officer shall review all evidence introduced at the hearing of each alleged violation of this title in order to determine whether the alleged violation conforms to the law and whether it is supported by substantial evidence. The animal court shall record the hearing in a suitable format and shall preserve the recording, all photographs and other documentary evidence introduced at the hearing for the 36-month period immediately following closure of the hearing.

The animal court shall render a written decision upon conclusion of the hearing; unless it is determined that further investigation into the matter is warranted. If this occurs, the matter will be continued until the next scheduled hearing at which time the new evidence shall be presented to the hearing officer and then a written decision shall be rendered. Any and all costs incurred by SASA, including fines, shall immediately become payable to SASA. Any person not making immediate payment shall be subject to approved collection procedures.

The written decision rendered by the hearing officer shall contain findings of fact and conclusions of law. The decision shall also set forth the right to appeal the decision of the animal court to the board of SASA. A copy of the decision shall be mailed, by certified mail, to the last known address of the alleged violator/owner(s) of the animal and any third party complainant.

C. Appeal Procedure. Decisions of the animal court may be appealed to the board of SASA. The appeal shall be filed with the clerk of the board of SASA within 15 days after the mailing of the decision of the animal court provided the appellant follows the following steps:

1. Delivers to the clerk of the board of SASA within 15 days after the decision is made orally at the hearing, or if mailed then 20 days, a written appeal which clearly sets forth the reasons for the appeal; and

2. The appellant shall be responsible for the cost(s) of the appeal.

Upon receipt of the appeal, the clerk of SASA will schedule a hearing de novo. The hearing de novo panel shall be comprised of three panel members: two animal court hearing officers, other than the one who presided over the subject animal court hearing, and one member currently sitting on the board of SASA and who does not represent the jurisdiction in which the citation was issued. If one of the hearing officers was challenged before the first hearing, that hearing officer remains ineligible to sit on the hearing de novo panel. If required, a second SASA board member, who also does not represent the jurisdiction in which the citation was issued, will sit as the third panel member.

The appeal hearing shall be heard within 60 days after the appeal is filed with the clerk of the board of SASA.

If upon appeal the de novo hearing panel finds that no violation exists, then the costs of the appeal and the record shall be borne by SASA, and all assessed fees shall be refunded to the appellant.

If upon appeal the de novo hearing panel finds there was a violation and the appellant desires to further appeal, that appeal shall be to the Stanislaus County superior court.

D. Potentially Dangerous and Vicious Dogs. If a petition is to be filed alleging probable cause to believe that a dog is potentially dangerous or vicious pursuant to Food and Agricultural Code, Division 14, Chapter 9, commencing with Sections 31602 et seq., and specifically Section 31621, the petition shall be filed with the clerk of the board of SASA. The hearing shall be held before animal court to dispose of the petition. Animal court shall notify the owner or keeper of the dog that a hearing will be held under the provisions set forth in Sections 31621 and 31622. In order that such hearing is held timely, the hearing may take place, after proper service of the notice and a copy of the petition, at a special session of animal court. An appeal from an animal court’s determination on this issue shall be to the Stanislaus County superior court as set forth in Section 31622, not before the board of supervisors or the city council or the board of SASA. (Ord. 13-04(A) § 1, 2013)

6.12.040 License renewal or suspension.

Whenever provision is made in this title for a license or permit, such license or permit shall be renewed annually thereafter or at the next succeeding regular renewal date as provided by law by the licensing authority. The animal services executive director or the health officer may revoke or suspend a license whenever such action is necessary to protect the public health and safety or to accomplish the purposes of this title. (Ord. 13-04(A) § 1, 2013; Ord. 89-04 § 2, 1989. Formerly 6.12.030)