8.24.250 Notice of civil violation--Order to abate.
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Whenever an employee of the designated animal control agent has reasonable grounds to believe that an animal or facility is in violation or is being maintained in violation of this chapter, he or she is authorized to issue to the violator a notice of civil violation and/or order to abate, to contain each of the following:
1. The name and address, if known, of the owner or person in violation of the ordinance;
2. A statement that the officer has found the animal or facility to be maintained illegally, together with a brief description of the violation, and including the date of violation and the pertinent ordinance citation;
3. A statement assessing a civil penalty for each violation, which penalty shall be paid to the City of Vancouver or its designate within thirty (30) days from the date of issuance; provided, that no penalty shall be assessed for a first violation of Section 8.24.020, dog and cat licensing, if the dog or cat identified in the notice is licensed within ten days after service of the notice; and provided further that such violation may be taken into account in determining penalties for subsequent licensing violations for other animals as set forth below. The penalties assessed against any person within any twelve-month period shall be as provided in Table 8.24.250.
Table for Section 8.24.250
Table 8.24.250 | |||
|---|---|---|---|
Violation | 1st Offense | 2nd Offense | 3rd Offense |
(A) Unlicensed animal Section 8.24.020) | $100.00 | $200.00 | $400.00 |
(B) Rabies control violation Section 8.24.171) | $100.00 | $200.00 | $400.00 |
(C) Obstructing an officer Section 8.24.240) | $100.00 | $200.00 | $400.00 |
(D) Cruelty to animals Section 8.24.180) | $250.00 | $500.00 | $1,000.00 |
(E) Facility violations (Sections 8.24.400 through 8.24.520) | $100.00 | $200.00 | $400.00 |
(F) Noise Section 8.24.130) | $100.00 | $200.00 | $400.00 |
(G) Vicious behavior Section 8.24.150) | $150.00 | $250.00 | $500.00 |
(H) Potentially dangerous wild animals Section 8.24.165) | $ 200.0 | $1,000.00 | $2,000.00 |
(I) Keeping of potentially dangerous dogs (Section 8.24.166(H)) | $150.00 | $250.00 | $500.00 |
(J) Dangerous dogs - Keeping of dangerous dogs (Section 8.24.166(J)) | $250.00 | $1,000.00 | $2,000.00 |
(K) All other violations | $100.00 | $200.00 | $400.00 |
Late Payment Penalties: If unpaid between 30 and 60 days after the date of service, original penalty plus 100%. If unpaid between 60 and 90 days after the date of service, original penalty plus 200%. | |||
4. If found appropriate and necessary by the animal control agent to avoid violations of this or any other animal-related ordinance, there may be separately issued or included with the notice of civil violation an order to abate describing the violation, stating the action required to be taken, and stating a reasonable period of time in which to comply with the ordinance, as determined by the designated animal control agent.
5. The order to abate shall contain a statement advising that if any required abatement or action is not completed within the time specified, or any civil penalty and/or late payment penalty is not timely paid, or a timely appeal is not made, the designated animal control agent shall report noncompliance to the office of the city attorney, which shall have authority to commence criminal proceedings, charging such person with violation of this chapter in addition to or as an alternative to any other remedies provided by this chapter.
6. The notice of civil violation or order to abate may be appealed by filing a written notice of appeal as provided by this chapter as prescribed in VMC 8.24.280, and the notice or order shall state the appeal period on its face. The notice or order shall further bear the notation: "Failure to Respond to this Notice of Violation and/or Order to Abate by Timely Payment of Civil Penalties or by Compliance with the Order, or by Timely Appeal of the Notice and/or Order is a Misdemeanor Punishable by a Fine of not to Exceed $1,000.00 and/or a Jail Term Not to Exceed Ninety (90) Days."
7. A notice of violation or order to abate shall be served on the owner or custodian of the animal or facility in violation of this chapter either personally or by mailing a copy of such notice and/or order by certified mail, postage prepaid, return receipt requested, to the person at his or her last known address. Personal service shall be complete upon the date the person is personally served. Service by mail shall be deemed completed upon the third day following the day the notice or order is deposited in the mail. If the person(s) responsible for the violation(s) is the owner of real property, but does not live at the site of the violation, and if the personal address of the person(s) responsible for the violation(s) is unknown, the notice of violation or order to abate may be made by mailing it to the billing address for the subject property that is on file in the Clark County Assessor’s Office.
8. Proof of service of the notice or order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the date, time and manner in which service was made.
9. The failure to effect service on any person required or permitted to be served according to this chapter shall not invalidate any proceeding under this chapter as to any other person duly served or relieve any such person from any duty or obligation imposed by this chapter.
10. In addition to any other legal remedies available pursuant to this chapter, any person who has been issued a notice of violation or order to abate pursuant to this chapter and who willfully fails to respond to the notice of civil violation by either the payment of the civil penalty and all late payment penalties within ninety days of issuance or to the order to abate by compliance therewith within the time specified in the order, or by the timely filing of a notice of appeal, shall be guilty of a misdemeanor regardless of the disposition of the notice of violation or order to abate.
11. The designated animal control agent and the city attorney or the city attorney’s designee may negotiate a settlement, compromise or otherwise dispose of an action under this chapter when to do so would be in the best interest of the city. (Ord. M-3089 § 7, 1993: Ord. M-2727 § 12, 1987: Ord. M-2656 § 11, 1986: Ord. M-2397 § 26, 1983; Ord. M-4072, Amended, 03/17/2014, Sec 6-Effective 04/17/2014; Ord. M-4043, Amended, 02/25/2013, Sec 18 - Effective 03/29/2013; Ord. M-3981, Amended, 05/16/2011, Sec 3 - Effective 07/01/2011)