Chapter 2.66
ANIMAL NUISANCE ABATEMENT APPEALS COMMISSION

Sections:

2.66.010    Established—Statutory authority.

2.66.011    Appeal procedures.

2.66.012    Service of orders or notices.

2.66.013    Court action—Time limit.

2.66.020    Membership.

2.66.030    Term of office.

2.66.040    Organization and procedures.

2.66.060    Powers and duties.

    Prior legislation: Ords. 2164, 2439 and 4020; prior code §§ 3.33.010—3.33.060.

2.66.010 Established—Statutory authority.

The Animal Nuisance Abatement Appeals Commission is established pursuant to the authority of Government Code Section 25845 and Civil Code Section 3494, and in compliance with Chapter 2.38 SCCC. [Ord. 4331 § 1, 1994].

2.66.011 Appeal procedures.

An appeal may be taken from any Director of Animal Control Services order or notice issued pursuant to SCCC 6.10.050(E), 6.12.140 and 6.24.070. The owner served with the order or notice may appeal the decision of the Director to the Commission by notifying the Director in writing, within 72 hours of receipt of the order or notice, that he or she wishes a hearing.

The appeal shall be accompanied by the filing fee established by resolution of the Board, and shall specify the grounds upon which the appeal is taken. Upon receipt of the appeal, the poundmaster shall convey it to the Clerk of the Commission. The Clerk of the Commission shall set the matter for hearing not less than five nor more than 45 days after the date the appeal was received by the Clerk. Written notice of the time and place of the hearing shall be given to the appellant at least 72 hours prior to the date set for the hearing. [Ord. 4490 § 13, 1998; Ord. 4366 § 2, 1995].

2.66.012 Service of orders or notices.

With the execution of Poundmaster orders issued pursuant to SCCC 6.24.070, all other Poundmaster notices or orders shall be served upon all persons entitled thereto, either personally or by mailing a copy of the notice or order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the County, or as known to the Poundmaster. The failure of any such person to receive such notice or order shall not affect the validity of any proceeding taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the date of the mailing. [Ord. 4366 § 3, 1995].

2.66.013 Court action—Time limit.

Any court action or proceeding to attack, review, set aside, void or annul any decision made by the Animal Nuisance Abatement Appeals Commission under this section, or concerning any of the proceedings, acts or determinations, shall not be maintained by any person unless such action or proceeding is commenced within the time period set forth in SCCC 1.04.170. Thereafter, all persons are barred by maintaining any such action or proceeding, or asserting any defense of invalidity or unreasonableness of the Commission’s decision, proceedings, acts or determination. [Ord. 4366 § 4, 1995].

2.66.020 Membership.

The Commission shall consist of five members, residents of the County, appointed by the Board of Supervisors. Each Supervisor shall nominate one person, who may reside within the Supervisor’s district, to serve on the Commission. [Ord. 4331 § 1, 1994].

2.66.030 Term of office.

Each member shall serve for a term of four years, commencing on April 1st of the year in which the member’s nominating Supervisor begins a full term. Vacancies shall be filled immediately, as provided in Chapter 2.38 SCCC. [Ord. 4331 § 1, 1994].

2.66.040 Organization and procedures.

(A)    General Organization. The Commission shall comply in all respects with the provisions of Chapter 2.38 SCCC.

(B)    Staff Support. Staff support shall be provided by the Poundmaster and by the County Counsel. The Clerk of the Board of Supervisors shall act as the Clerk of the Commission. [Ord. 4331 § 1, 1994].

2.66.060 Powers and duties.

The Commission shall exercise the following responsibilities:

(A)    Receive, process, adjudicate and issue orders in connection with appeals from orders of the Poundmaster, as provided in SCCC 2.66.011 and 6.24.070;

(B)    Exercise any other responsibility which may be set forth in the Commission’s bylaws, approved by the Board of Supervisors. [Ord. 4366 § 1, 1995; Ord. 4331 § 1, 1994; Ord. 4305 § 3, 1994; Ord. 4020 § 1, 1989].