8.24.280 Appeal procedure.
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A. All appeals to the hearing officer made pursuant to this chapter shall be filed in writing within 30 days, or the period of time otherwise provided in this title, with the city clerk or such other person or agency as the city may designate and as is named on the notice of violation, order to abate or other notice issued to this chapter, and shall contain:
1. The names of all appellants participating in the appeal;
2. A brief statement setting forth the action protested and the reasons why it is claimed a protested action should be reversed, modified or otherwise set aside;
3. The signatures of all parties named and telephone numbers and mailing addresses;
4. Verification (by declaration under penalty of perjury) of at least one appellant of the truth of the matter stated in the appeal.
B. Upon filing an appeal, the city clerk or other designated person or agency shall transmit the same to a designated hearing officer as provided in this title.
C. Failure of any person to file a timely appeal, or failure of any person who has filed an appeal to attend the scheduled hearing, shall constitute a waiver of his or her right to an administrative hearing and the decision of the designated animal control agent or designated custodian of animals shall be upheld.
D. Filing of an appeal shall stay the enforcement of any notice of civil violation, order to abate or of the disposal of any impounded animal during the pendency of such appeal; provided, that an animal owner or custodian who has been denied redemption based upon alleged cruelty or the animal’s vicious behavior shall not obtain release of such animal from impoundment except upon order of the hearing officer upon good cause shown.
E. The person filing the appeal shall be personally liable for the cost of daily care and necessary veterinarian care, and/or humane destruction of any animal which remains impounded pending the result of the appeal unless otherwise ordered by the hearing officer upon good cause shown.
F. A copy of the final order of the hearing officer shall be mailed to the appellant(s) within three days (exclusive of Saturdays, Sundays and holidays) following the entering of a written order under this section. Unless otherwise stated in the order, such order shall be final and conclusive 10 days from the date thereof unless any party of record makes application to a court of competent jurisdiction for judicial review and stay of enforcement.
G. The hearings examiner may on recommendation of the animal control agent assess the appellant the costs of an appeal hearing including, but not limited to, the hearings examiner’s fees and reasonable costs of staff time, if the appeal is found to be frivolous by virtue that it cannot be supported by any rational argument of the law or facts. (Ord. M-4418 § 2(a)(iv), 2023; Ord. M-4072 § 8, 2014; Ord. M-4043 § 21, 2013; Ord. M-3981 § 4, 2011; Ord. M-2656 § 13, 1986; Ord. M-2397 § 29, 1983)