Chapter 8.09
PROCEDURES
Sections:
8.09.030 Authority and appointment of hearing officer.
8.09.060 Finality of determination.
8.09.070 Disposition of animal.
8.09.090 Notification of change.
8.09.110 Breach of conditions.
8.09.130 Administrative fines or penalties – Procedures.
8.09.010 Purpose.
The purpose of this chapter shall be to create special procedures to assure full access to administrative remedies in the application or enforcement of this title, and for the mediation of disputes involving any animal governed by this title. Such procedures shall be administered by the animal services manager and conducted by the hearing officer. [Ord. 8-2009 § 6].
8.09.020 Cause for hearing.
Hearings may be held to determine the following:
A. That an animal is a potentially dangerous animal or a vicious animal within the meaning of this title, in compliance with Chapter 8.07 RCMC;
B. That the decision of the hearing officer has been breached;
C. That cause for an order no longer exists and the owner may be relieved of the conditions imposed by said order;
D. That a permit has been denied, issued conditionally, or revoked in accordance with the provisions of this title;
E. Whether an administrative fine or penalty is required to be paid; or
F. Whether an impoundment pursuant to Chapter 8.08 RCMC is valid.
A person shall be deemed to have shown cause for a hearing to be held when he or she complies with the applicable appeal, complaint or charge filing provisions specified in this title.
As requested by the animal services manager, hearings may be held in order to attempt mediation of such other matters as may arise from the keeping of animals. [Ord. 20-2014 § 10; Ord. 8-2009 § 6].
8.09.030 Authority and appointment of hearing officer.
The hearing officer shall be authorized, within the scope of authority given by this title and the animal services manager, to conduct hearings to resolve conflicts arising from the application and enforcement of this title, to make binding determinations, including setting forth timelines for compliance with any conditions imposed upon an owner (pursuant to RCMC 8.09.095) related to the keeping of animals pursuant to this title. The hearing officer shall be appointed by the animal services manager, and shall be subject to disqualification for bias, prejudice, conflicts of interest, or for any other reason for which a judge may be disqualified in a court of law. (Food and Agricultural Code Sections 31621, 31622.) [Ord. 20-2014 § 11; Ord. 8-2009 § 6].
8.09.040 Oaths and subpoenas.
The hearing officer shall have the power to administer oaths or affirmations. At the request of either the animal services manager or the animal owner, the city clerk shall, on behalf of the city council, issue subpoenas for attendance of witnesses at the hearing. [Ord. 8-2009 § 6].
8.09.050 Hearing.
A. In the case of a hearing to determine whether an animal is potentially dangerous or vicious, the hearing officer shall conduct a hearing no earlier than five working days and no later than 10 working days from the day of impoundment, pursuant to RCMC 8.07.045. All hearings shall be open to the public. For all other hearings under this chapter, unless specifically stated otherwise, the hearing officer shall conduct a hearing to determine whether the requested action should be granted or denied no later than 30 calendar days following the date of the filing of an appeal under this title. Written notice of the time, date, and place of the hearing shall be served upon the animal services manager, the appellant, and the animal owner not later than 14 calendar days preceding the date of the hearing. An animal owner may waive, in writing, their right to such timelines.
1. During the hearing, the burden of proof shall rest with the appellant and such proof shall be based upon a preponderance of the evidence. The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearing nor shall formal rules of evidence in civil or criminal judicial proceedings be applicable. The appellant and the animal owner may appear, present evidence, and examine and cross-examine witnesses.
2. Absent extraordinary circumstances as determined by the hearing officer, no animal may be presented as evidence or be present during the hearing.
3. In the event the appellant or the animal owner fails to appear at the time, date, and place appointed for the hearing, the hearing shall be conducted in the absence of the appellant or animal owner and the hearing officer shall render a decision based upon evidence presented during the hearing.
4. For good cause as determined by the hearing officer, the hearing may be continued, but for not more than 30 calendar days, upon request of either the animal services manager, the affiant or the animal owner. Notice of the continuance, if granted, and the new date and time of the hearing shall be made to all parties to the hearing.
5. For the convenience of the hearing officer only, the hearing shall be tape recorded and the tape recordings and all documents presented as evidence shall be maintained for a period of three years as a part of the record of the hearing.
B. Unless otherwise agreed by the parties, within 14 calendar days of the conclusion of the hearing, the hearing officer shall issue a written decision, including, but not limited to, findings of fact and conclusions relative to the following:
1. Whether, based upon the evidence presented during the hearing, the action requested is granted or denied; and
2. What disposition should be made as a consequence.
C. The hearing officer shall make a disposition based upon consideration of all of the facts and circumstances revealed by the evidence presented in the hearing and may order either:
1. That animal services destroy the animal in question;
2. That the animal services manager release the animal in question to the owner, subject to such conditions or special registration requirements as may be specified in this title, or required to ensure public safety and animal welfare;
3. That the animal services manager remove the animal in question for disposition in accordance with the applicable provisions of this title;
4. That the animal services manager release the animal in question to the owner subject to payment of such fees and expenses as may be applicable according to the provision of this title.
D. Unless otherwise agreed by the parties, notice of the written decision, including a copy thereof, shall be filed with the animal services manager and shall be personally served upon or deposited in the United States mail to the affiant and the animal owner not later than 21 calendar days following the date on which the hearing was concluded.
E. Failure to comply with any procedural requirements or time limits of this title shall not deprive the hearing officer of jurisdiction over the issue nor shall not vitiate any hearing conducted or order made pursuant to this title unless such failure constitutes a denial of due process of law. [Ord. 20-2014 § 12; Ord. 8-2009 § 6].
8.09.060 Finality of determination.
The decision of the hearing officer shall be final and there shall be no appeal to the city council. [Ord. 8-2009 § 6].
8.09.070 Disposition of animal.
Except as otherwise provided, in the event that the hearing officer orders destruction of an animal, the animal services manager shall immediately impound or continue to impound said animal until 14 days following the date of personal service upon or deposit in the United States mail of notice of the hearing officer’s decision to the owner. In the event that the animal services manager is personally served with summons or other legal process in connection with a lawsuit which seeks review of the hearing officer’s decision, the animal shall not be destroyed and shall continue to be impounded at the owner’s expense while the lawsuit is pending. [Ord. 8-2009 § 6].
8.09.080 Release of animal.
No animal impounded pursuant to Chapter 8.07 RCMC shall be released to any person other than the owner of such animal. Should the owner fail to redeem the animal by the date specified in the decision of the hearing officer, unless for good cause as determined by the animal services manager, the animal shall be destroyed.
Notwithstanding any other provision in this chapter or a decision or order by the hearing officer to the contrary, the animal services manager shall not release an animal impounded pursuant to Chapter 8.07 RCMC to the owner absent compliance with the provisions relating to redemption prescribed by state law, including, but not limited to, the payment by the owner of all fees and charges for impoundment. [Ord. 8-2009 § 6].
8.09.090 Notification of change.
At such time as an animal declared to be vicious dies, or the location where the animal is kept changes either through change of residence or of ownership, the person owning the animal must notify, in writing within five calendar days, the animal services manager of the change. Such notification must include the date of the animal’s death and the place of burial or disposal of the animal or the name and the residential and occupational addresses and telephone numbers of the new owner and the new address and telephone number where the animal is to be kept. [Ord. 8-2009 § 6].
8.09.095 Time for compliance.
The owner shall comply with the order of the hearing officer within 14 calendar days following the date on which notice of the written decision is served upon the owner pursuant to RCMC 8.09.050. [Ord. 8-2009 § 6].
8.09.100 Failure to comply.
Failure of the owner to comply with the provisions of this chapter or the order of the hearing officer is a misdemeanor. [Ord. 8-2009 § 6].
8.09.110 Breach of conditions.
Jurisdiction shall continue in the hearing officer to order the removal and destruction of any animal which has been declared vicious, should any of the conditions imposed by the order of the hearing officer be breached. Such action shall be taken pursuant to a hearing initiated by the animal services manager and scheduled and conducted in accordance with the provisions of RCMC 8.09.050, except that once prima facie evidence of the breach of conditions has been established, the burden of proof shall be upon the owner to show cause as to why the animal should not be removed and destroyed. [Ord. 8-2009 § 6].
8.09.120 Relief.
If, after a period of two years from the date of the determination of the hearing officer that the animal is vicious, it can be demonstrated that the owner has complied with the order of the hearing officer and that no further cause exists for the order to stay in force, the owner may apply to the hearing officer in writing, for relief from the conditions for keeping or the provisions for special registration of the animal. Upon investigation by the animal services manager and concurrence by the hearing officer, relief may be granted and the owner so notified in writing or a hearing may be conducted to determine if cause for relief exists. [Ord. 8-2009 § 6].
8.09.130 Administrative fines or penalties – Procedures.
A. Administrative penalties established pursuant to this title shall be imposed and collected as set forth herein.
B. Notice of Violation. When a violation of any of the provisions of this title is identified, the animal services manager shall issue a notice of violation to the owner. The notice shall be on a form prescribed by the animal services manager and shall contain the following information:
1. Date, approximate time, and address or definite description of the location where the violation(s) was observed;
2. The code section violated and a description of the violation;
3. A description of the action required to correct the violation;
4. An order to the owner to correct the violation(s) within a time specified and an explanation of the consequences of failure to correct the violation(s);
5. The amount of the monetary penalty for the violation(s);
6. An explanation of how the penalty shall be paid, the time period by which it shall be paid, and the place to which the penalty shall be paid;
7. Identification of rights of appeal, including the time within which the notice may be contested and the place to obtain a notice of appeal and request for hearing form to contest the notice of violation; and
8. The name and signature of the citing officer and, if possible, the signature of the responsible owner. A single notice of violation may charge a violation for one or more days on which a violation exists, and for the violation of one or more code sections.
C. Service of Citation. The animal services manager shall impart notice to the owner of the violation in the following manner:
1. Personal Service. The animal services manager shall attempt to locate and personally serve the responsible owner and, if possible, obtain the signature of the responsible owner on the notice of violation. If the responsible owner served refuses or fails to sign the notice, the failure or refusal to sign shall not affect the validity of the notice or of subsequent proceedings.
2. Mail. If, for any reason, the animal services manager is unable to personally serve the notice of violation on the responsible owner, the notice shall be mailed to the responsible owner by certified mail, postage prepaid with a requested return receipt. Concurrently, the citation shall be sent by regular mail. Service by mail shall be sent to the responsible owner’s address as shown on public records or as known by the city. If the notice is sent by certified mail and returned unsigned, then service shall be deemed effective by regular mail, provided the notice sent by regular mail is not returned by the post office. Service by mail shall be effective on the date of mailing.
3. Posting Notice. As an alternative to service by mail, and if the animal services manager is unable for any reason to personally serve the responsible owner, the animal services manager may post the notice of violation at a conspicuous location on any real property within the city in which the animal services manager has knowledge that the responsible owner has a legal interest, and such posting shall be deemed effective service. Service shall be deemed effective pursuant to posting on the date that the notice is actually posted.
4. The failure of any responsible owner to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.
D. Opportunity to Correct the Violation. Once a notice of violation has been served upon a responsible owner, the owner shall be allowed 14 days to correct or remedy the violation. If the responsible owner properly corrects or remedies the violation, he or she shall not be assessed an administrative penalty. If the responsible owner fails to correct or remedy the violation, administrative penalties shall be assessed from the date written upon the notice. This subsection shall not be construed to waive any fee or payment that would ordinarily be required pursuant to this title.
E. Satisfaction of Notice of Violation.
1. Upon receipt of a notice of violation, the responsible owner must do the following: (a) pay the administrative penalty to animal services; and (b) demonstrate to the animal services manager that the violation has been corrected or remedied, if the violation(s) is of such a nature that it can be remedied.
2. If a responsible owner fails to properly correct or remedy a continuing violation in accordance with subsection (D) of this section or otherwise, the owner shall pay the accrued penalty amount to animal services. Penalty amounts shall continue to accrue as specified up until the date the responsible owner satisfies the notice of violation or files a notice of appeal. Payment of an accrued penalty shall not excuse or discharge the owner’s responsibility to correct or remedy the cited violation, nor shall it bar further enforcement action by the animal services manager.
F. Appeal of Citation.
1. Any recipient of a notice of violation may contest that there was a violation of this title or that he or she is the responsible owner by completing a notice of appeal and request for hearing form and filing it with animal services within 30 calendar days from the date of issuance of the notice, together with an appeal fee of $250.00, or the timely filing of a request for an appeal fee hardship waiver pursuant to subsection (G) of this section, and the hearing fee as established by the city council. Any appeal of the notice of violation must include a detailed written explanation as to the grounds for appeal.
2. The filing of a notice of appeal does not stay, postpone or excuse the responsible owner’s duty to correct or remedy a cited violation. The proper filing of a notice of appeal, along with an appeal fee of $250.00, will toll any late penalties that would accrue thereafter for a continuing violation. If the hearing officer upholds the notice of violation, any applicable late penalties shall begin to accrue again on the day following the issuance of the hearing officer’s written decision. Any penalty amount that has been deposited in advance shall be refunded if it is determined, after a hearing, that the person charged in the notice of violation was not responsible for the violation(s) or that there was no violation(s) as charged in the notice of violation.
3. The failure to submit a timely and complete request for hearing will terminate a person’s right to contest the notice of violation and result in a failure to exhaust administrative remedies, and the order of the notice of violation will serve as a formal determination and conclusive evidence of the named responsible owner’s liability.
G. Appeal Fee Hardship Waiver. A person seeking an administrative hearing may request a hardship waiver of the penalty deposit by filing with the animal services manager a completed appeal fee hardship waiver, which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the animal services manager within three business days from the date the request is received, and the animal services manager’s decision is final. The applicant will be notified by telephone, facsimile, or in person of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the penalty when due. If the request for hardship waiver is denied, an administrative hearing will not be scheduled unless the penalty deposit is paid within five business days following the animal services manager’s determination on the request for a hardship waiver.
H. Hearing Officer. The city hearing officer shall conduct the administrative hearing pursuant to RCMC 8.09.050. In addition to the authority conferred in this section, the hearing officer shall have the authority set forth in RCMC 8.09.030 and other applicable sections of this title.
I. Hearing Procedure. The procedures set forth under RCMC 8.09.050 shall apply to all hearings under this section, unless otherwise specified in this section.
J. Hearing Officer’s Decision.
1. After considering all of the testimony and evidence submitted at the hearing and consistent with RCMC 8.09.050, the hearing officer shall issue a written decision within 14 days of the date of the hearing to uphold or cancel the notice of violation and shall list in the decision the reasons for that determination. The decision of the hearing officer shall be final;
2. If the hearing officer determines that the notice of violation should be upheld, then the animal services manager shall retain the penalty amount, including any fee that is the subject of the notice of violation, on deposit with the animal services manager;
3. If the hearing officer determines that the notice of violation should be upheld, and the penalty has not been deposited pursuant to an appeal fee hardship waiver, the hearing officer shall set a payment schedule for the payment of the penalty, including any fee that is the subject of the notice of violation. Accrual of any late penalty charges shall resume on the day following the date of the hearing officer’s decision;
4. If the hearing officer determines there has been no violation and the penalty was deposited with the animal services manager, then the animal services manager shall promptly refund the amount of the deposited penalty;
5. The recipient of the notice of violation shall be served with a copy of the hearing officer’s written decision.
K. Failure to Pay Administrative Penalties.
1. The failure of any person to pay the administrative penalties assessed in connection with a notice of violation within the time specified on the notice constitutes a debt to the city and may result in the matter being referred to a collection agency, which may file a claim with the small claims court or, in the alternative, utilize any means within its power to collect the amount owed. The city may pursue any other legal remedy to collect the administrative fines.
2. Any person who fails to pay to the city any administrative penalty imposed pursuant to this title on or before the date the fine is due shall also be liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys’ fees. Such collection costs are in addition to any required fees, penalties, interest and late charges.
3. Notwithstanding all of the procedures set forth in this section, the animal services manager shall have the ability and discretion to enforce violations of this title, to impose necessary conditions, to forgive portions of a debt or penalty owed to the city under this title, and to coordinate collection and enforcement efforts with a collection agency.
L. Right to Judicial Review. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Sacramento County superior court in accordance with the timelines and provisions as set forth in California Government Code Section 53069.4. [Ord. 3-2023 § 3 (Exh. A); Ord. 20-2014 §§ 13 – 16; Ord. 8-2009 § 6].