Chapter 6.26
ADMINISTRATIVE APPEALS
Sections:
6.26.010 Actions subject to administrative appeal.
6.26.010 Actions subject to administrative appeal.
(A) The following actions or decisions of the Director are subject to administrative appeal pursuant to the provisions of this chapter:
(1) Denial, conditional issuance, suspension, or revocation of an animal facility license.
(2) Declaring an animal to be a habitual offender, potentially dangerous, or vicious.
(3) Order to humanely euthanize or impose other conditions upon an animal based on a habitual offender, potentially dangerous, or vicious designation.
(4) Notice that an impounded animal will be spayed or neutered.
(5) Impound charges.
(6) Denial or revocation of unaltered animal certification for failure to comply with SCCC 6.10.050.
(7) Administrative citation.
(B) All other actions or decisions of the Director are final when issued or made and are not subject to further administrative appeal. [Ord. 5388 § 13, 2022].
6.26.020 Appeal procedures.
(A) Filing an Appeal.
(1) An owner or responsible party wishing to appeal a decision of the Director on an action subject to administrative appeal may do so by completing a notice of appeal and request for appeal hearing form and filing it with the Santa Cruz County Animal Shelter. Any appeal must include a detailed written explanation of the grounds for appeal.
(2) Time Deadlines for Filing Appeal. All appeals must be filed within the time frames set forth in the following table:
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Denial, conditional issuance, suspension, or revocation of an animal facility license. (SCCC 6.26.010(A)(1)) |
14 calendar days from the date the decision is communicated to the appellant. |
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Declaring an animal to be a habitual offender, potentially dangerous, or vicious. (SCCC 6.26.010(A)(2)) |
72 hours from the date the decision is communicated to the appellant. |
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Order to humanely euthanize or impose other conditions upon an animal based on a habitual offender, potentially dangerous, or vicious designation. (SCCC 6.26.010(A)(3)) |
72 hours from the date the decision is communicated to the appellant. |
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Notice that an impounded animal will be spayed or neutered. (SCCC 6.26.010(A)(4)) |
72 hours from the date the decision is communicated to the appellant. |
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Impound charges. (SCCC 6.26.010(A)(5)) |
48 hours from the date impound charges are communicated to the appellant. |
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Denial or revocation of unaltered animal certification for failure to comply with SCCC 6.10.050. (SCCC 6.26.010(A)(6)) |
10 calendar days from the date of the decision. |
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Administrative citation. (SCCC 6.26.010(A)(7)) |
10 calendar days from the date the citation is issued. |
(3) The filing of a notice of appeal does not stay, postpone, or excuse the owner or responsible party’s duty to correct or remedy a violation. If the administrative hearing officer upholds an administrative citation, the applicable penalty shall accrue as of the date on the administrative citation.
(4) The failure to submit a timely and complete notice of appeal shall terminate a person’s right to appeal, result in a failure to exhaust administrative remedies, and the Director’s decision shall not be subject to further administrative appeal.
(5) For an appeal concerning an impounded animal, at the same time the appeal is filed the appellant must pay the cost of the care and housing of the animal for the time period during which the appeal is pending. Appeals shall not be accepted without advance payment of such costs. Costs shall be assessed in 14-day increments and must be regularly maintained on an ongoing basis in order to continue the appeal process. If costs are not timely paid, the appeal shall be considered abandoned. Any excess collected costs shall be returned to the animal’s owner as determined by the administrative hearing officer or the Director.
(B) Administrative Hearing Officers. The Department shall provide independent contractor hearing officers to conduct administrative appeal hearings, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to prepare a record of the proceedings, to issue enforcement orders with regard to violations of this title, and to provide for the recovery of enforcement costs, any civil penalties and any other costs of abatement as a personal obligation of the owner or responsible party violating, causing, permitting or continuing any violation.
(C) Notice of Administrative Appeal Hearing. Upon receipt of a timely and complete notice of appeal, the Director shall provide written notice of the time, date, and location of a hearing before the administrative hearing officer by personal service or either by first class mail, postage prepaid, or priority mail, including a copy of the affidavit or certificate of mailing, to the appellant at least 10 days prior to the date of the administrative hearing. The hearing officer shall be designated by the Director. The notice period may be collapsed to 48 hours in the discretion of the Director, where the Director determines it is necessary to hold a hearing on an expedited basis.
(D) Administrative Hearing Officer Disqualification. Administrative hearing officers shall be licensed attorneys of the State Bar of California in good standing. Administrative hearing officers shall disqualify themselves from serving as hearing officers in a particular matter where they have a conflict of interest within the meaning of the Political Reform Act (California Government Code Section 87100 et seq.) and shall otherwise comply with the disqualification provisions of Canon 3.E. of the Code of Judicial Ethics. The notice of hearing shall identify the administrative hearing officer designated to conduct the hearing and advise the appellant of their right to submit within 10 business days of the date of the notice of hearing a written objection to the designated hearing officer. In the event of such a disqualification, a new administrative hearing officer shall be randomly selected from the panel of alternate hearing officers established by the Department. Each party shall have the right to disqualify one administrative hearing officer for a particular matter.
(E) Hearing Procedures.
(1) Failure to Appear. The failure of the appellant to appear at the administrative appeal hearing or, in the alternative, to present written or demonstrative evidence supporting their position, shall constitute an abandonment of the appeal and an admission that the Director’s decision (including the amount of any civil penalty) is appropriate.
(2) Requirements for Taking Testimony. In any appeal hearing before an administrative hearing officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the hearing officer, their clerk, or other designee shall have the power to administer oaths and affirmations. Oaths of witnesses may be given individually or to a group. Witnesses shall be asked to raise their right hands and to swear or affirm that the testimony they shall give will be the truth, the whole truth, and nothing but the truth.
(3) Appellant’s Evidence. The appellant shall be given the opportunity to testify and present witnesses and evidence concerning the alleged violation.
(4) Department’s Evidence. Any documents submitted by the Director shall constitute prima facie evidence of the respective facts contained in those documents.
(5) Only Relevant Evidence Considered. The administrative hearing officer shall only consider evidence relevant to the decision being appealed.
(6) Recording of Hearing. The administrative hearing officer shall not be required to provide transcripts of hearings but shall be required to tape record the hearings and make the recordings of the hearings available for a fee.
(7) Continuances. The administrative hearing officer may continue the administrative hearing for good cause as determined by the administrative hearing officer.
(8) Administrative Interpretations. In conducting the hearing, the administrative hearing officer shall consider as controlling the previously established interpretation of any provision of this title by the officials charged with its enforcement unless that interpretation is shown to be clearly erroneous or unauthorized.
(9) Administrative Hearing Officer Decisions.
(a) At the conclusion of the administrative hearing, the administrative hearing officer shall have the authority, subject to the limitations set forth in this chapter, to render a decision, supported by written findings, which:
(i) Reverses the decision of the Director;
(ii) Determines whether the appellant has committed, maintained or permitted an alleged violation of this title;
(iii) Orders the appellant to pay the total verified amount of the enforcement costs, impound charges, and any other abatement costs associated with a violation of this title by a date certain;
(iv) Orders the appellant to pay civil penalties for any violations of this title by a date certain;
(v) Orders action to be taken to correct any violation by the appellant; and
(vi) Determines whether any enforcement costs, other abatement costs, and civil penalties are to be the personal obligation of the appellant.
(b) In determining the amount of civil penalties to be assessed against the appellant, which would otherwise be an infraction or a misdemeanor, the administrative hearing officer shall take into consideration the following:
(i) The extent to which the appellant knowingly and willingly committed the violation;
(ii) The magnitude of the violation;
(iii) Any prior history of related violations by the appellant;
(iv) The financial ability of the appellant to pay based on submitted documentation; and
(v) Any corrective action voluntarily undertaken by the appellant prior to the hearing to eliminate the violation and any other mitigating circumstances justifying a reduction of the amount of the penalties.
(c) The decision of the administrative hearing officer shall be final when issued in writing and shall be thereafter immediately enforceable. The decision of the administrative hearing officer shall include a statement of the judicial appeal rights of any party to the proceeding as set forth in subsection (E)(9)(d) of this section.
(d) The decision of the administrative hearing officer shall be subject to judicial review. The administrative hearing officer shall submit the decision to the Director pursuant to the provisions of Government Code Section 53069.4. Pursuant to Government Code Section 53069.4 a notice of appeal must be filed with the Santa Cruz County Superior Court Clerk, together with the applicable appeal fee, within 20 days after service of the administrative hearing officer’s decision by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing. Any person filing a Superior Court appeal shall serve a copy of the notice of appeal in person or by first class mail on the administrative hearing officer with a copy to the Director. Within 15 days after the Superior Court sets a date for the appeal hearing, the administrative hearing officer shall forward to the court the file of the hearing together with the subject notice of violation, the notice of administrative appeal hearing before an administrative hearing officer, and the decision of the administrative hearing officer. If a Superior Court appeal is not timely filed in accordance with this subsection, all persons shall thereafter be barred from commencing or prosecuting any such action or proceeding concerning the underlying violation or asserting any defense of invalidity or unreasonableness of the administrative hearing officer’s decision, proceedings, determinations, or actions taken in connection therewith.
(e) The County Counsel, upon receipt of a final decision of an administrative hearing officer which orders payment of civil penalties or payment of enforcement costs or other abatement costs, or upon obtaining authorization from the Director, may, in addition to any other collection procedures provided by this chapter, prepare and file a civil action in any court of competent jurisdiction to obtain compliance with the administrative decision and the provisions of this code, and to recover the civil penalties and costs of enforcement provided by this chapter, as well as for injunctive relief or any other available legal remedy. In addition, the Director may prepare and file small claims actions in this regard or pursue collection by any available legal remedy.
(f) In the event a civil action is initiated to obtain enforcement of the decision of the administrative hearing officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the County’s total costs of enforcement, including reasonable attorney fees.
(g) The remedies and civil penalties provided for in this chapter shall be in addition to any other remedies and penalties provided for by law. [Ord. 5388 § 13, 2022].
6.26.030 Costs of appeal.
(A) The appellant is responsible for paying the costs for the administrative appeal process, unless the Director’s decision is reversed on appeal.
(B) At the time the appellant files a notice of appeal with the Animal Shelter, the appellant shall place a deposit of $250.00. The deposit shall be applied to those costs on appeal set forth in the Unified Fee Schedule. If the costs of the administrative appeal exceed $250.00, the appellant shall supplement the deposit such that all appellate fees have been received before a decision on the administrative appeal is issued.
(C) If the Director’s decision is reversed on appeal, all costs assessed to the appellant shall be returned to the appellant. [Ord. 5388 § 13, 2022].