8.19.080 Appeals.

(1)    Any person appealing a determination under this title shall file in writing with the manager of the animal protection and control program and within thirty (30), or for cases involving the health of an animal five (5), days, or the period otherwise provided in this title, of the notice of adverse action, a written appeal containing:

(a)    The names, email addresses and telephone numbers of all appellants participating in the appeal;

(b)    A brief statement setting forth the action protested and reasons why it is claimed the protested action should be reversed, modified or otherwise set aside;

(c)    The signatures of all parties named as appellants and their official mailing addresses; and

(d)    The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal.

(2)    Upon filing an appeal, a place and time for hearing shall be set by the manager of the program. If, for whatever reason, the appellant is unable to attend the hearing on the date set by the manager of the program, the hearing may be rescheduled one (1) time only, only if such a request is received prior to three (3) working days before the hearing date. Failure to provide three (3) working days’ notice of request for cancellation, and subsequent failure to attend the hearing, will result in the assessment of costs related to the conducting of the hearing in addition to civil penalty as stated on the notice of violation. Additional rescheduling of appeals may only occur upon payment of a fee of thirty-five dollars ($35) related to the cost of the conducting of the hearing. Appeals may only be rescheduled two (2) times.

(3)    Failure of any person to file an appeal in accordance with this section, or failure of any person who has filed an appeal to attend the scheduled hearing, shall constitute a waiver of his right to an administrative hearing and the actions of the animal control officer(s) will be upheld. In the event of any person who has filed an appeal but fails to attend the scheduled hearing, the costs related to the scheduling of the hearing will be assessed him in addition to the civil penalty(ies) as stated on the notice of violation.

(4)    Enforcement of any violation notice issued under this chapter shall be stayed during the pendency of an appeal, except the impoundment of an animal which is vicious or cruelly treated.

(5)    The hearings examiner appointed pursuant to Section 8.19.170 shall hear all appeals under this chapter except those cases approved by the program manager to be heard by the animal control advisory board hearings tribunal.

(6)    The appointed hearings examiner shall have the power and authority to make all final determinations in matters brought before it under this title including the authority to alter, modify, reverse or affirm the violations appealed from. The manager of the program and his officers shall have the burden of proving the violation, which burden shall be met by a preponderance of the evidence.

(7)    A copy of the final order shall be mailed to the appellants within three (3) days, exclusive of Saturdays, Sundays and holidays, following the entering of a written order under this section.

(8)    An order by the hearing authority relating to an appeal under this section shall be final and conclusive unless within ten (10) days from the date thereof any party of record makes application to a court of competent jurisdiction.

(9)    A person may not appeal those notices of violation issued for unlicensed pets (Sections 8.07.010 and 8.07.200); determination of these violations may be resolved as set forth in Section 8.19.070(2).

(10)    Assessment of Costs for Appeals. If the appellant does not prevail, the appellant shall be responsible to reimburse the county for the hearing examiner’s fees in an amount not to exceed three thousand dollars ($3,000). (Sec. 1 of Res. 1981-04-108; amended by Sec. 32 of Res. 1984-12-65; amended by Sec. 20 of Ord. 1985-12-06; amended by Sec. 24 of Ord. 1987-11-37; amended by Sec. 12 of Ord. 2009-10-19; amended by Secs. 7, 8 of Ord. 2011-04-06; amended by Sec. 40 of Ord. 2016-11-13; amended by Sec. 11 of Ord. 2023-01-08; amended by Sec. 24 of Ord. 2024-03-01)