8.24.270 Hearing officer--Powers and duties.
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One or more hearing officers shall be appointed by designated animal control agent, subject to review and approval of the city manager, to hear appeals relating to the enforcement of this chapter. No employee of the city, of the designated animal control agent or of a designated custodian of animals impounded under this chapter shall be appointed as hearing officer. The designated city animal control agent shall be compensated for hearing examiner costs as provided by contract and as paid out of moneys available and budgeted therefore.
a. Applicability. The hearing officer shall hear all appeals from the following decisions of the designated animal control agent and/or designated custodian of impounded animals:
1. Denial, revocation or refusal to renew a "wild or exotic animal license" or license for a kennel, grooming parlor or pet shop;
2. Notice of civil violation and/or order to abate;
3. A final determination that a dog is a potentially dangerous dog or dangerous dog;
4. Denial of redemption;
5. Amount of redemption fee;
6. Type of license required in this chapter;
7. Impoundment, confiscation, confinement or control of animals under this chapter; and
8. Imposition of costs on animal owners for impoundment, confiscation, confinement or control of animals.
b. Scope of authority. The hearing officer shall hear evidence presented by the city attorney and/or the designated animal control agent to sustain the decision of the designated animal control agent or, in the case of the setting of redemption fees, the designated custodian of impounded animals. The hearing officer shall likewise hear evidence presented by the person appealing the decision. If the decision of such designated agent or custodian is found to be supported by a preponderance of the evidence the decision shall be affirmed. The hearing officer may amend the decision as the evidence and justice permit. The hearing officer shall reverse the decision in all other cases. Formal rules of evidence need not be followed, but witnesses shall be sworn by the hearing officer and a written order issued. (Ord. M-2656 § 12, 1986: Ord. M-2397 § 28, 1983; Ord. M-4072, Amended, 03/17/2014, Sec 7-Effective 04/17/2014; Ord. M-4043, Amended, 02/25/2013, Sec 20 - Effective 03/29/2013)