§ 8-174. Hearing.

1.

Not later than 30 calendar days following the date of filing charges as prescribed in Sections 8-154 and 8-155 of this Chapter, the Hearing Officer shall conduct a hearing to determine whether the requested action should be granted or denied. Written notice of the time, date, and place of the hearing shall be served upon the Chief of Animal Services, the affiant and the animal owner not later than 14 calendar days preceding the date of the hearing.

During the hearing, the burden of proof shall rest with the plaintiff 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 affiant and the animal owner may appear, present evidence, and examine and cross-examine witnesses.

Absent extraordinary circumstances as determined by the Hearing Officer, no animal may be presented as evidence or be present during the hearing.

In the event the affiant 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 affiant or animal owner and the Hearing Officer shall render a decision based upon evidence presented during the hearing.

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 Chief of Animal Services or 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.

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.

2.

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:

a)

Whether, based upon the evidence presented during the hearing, the action requested is granted or denied; and

b)

What disposition should be made as a consequence.

3.

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:

a)

That the Chief of Animal Services destroy the animal in question;

b)

That the Chief of Animal Services release the animal in question to the owner subject to such conditions or special registration requirements as may be specified in this Chapter or required to ensure public safety and animal welfare;

c)

That the Chief of Animal Services remove the animal in question for disposition in accordance with the applicable provisions of this Chapter;

d)

That the Chief of Animal Services 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 Chapter.

4.

Unless otherwise agreed by the parties, notice of the written decision, including a copy thereof, shall be filed with the Chief of Animal Services 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.

5.

Failure to comply with any procedural requirements or time limits of this Chapter shall not deprive the Hearing Officer of jurisdiction over the issue or shall not vitiate any hearing conducted or order made pursuant to this Chapter unless such failure constitutes a denial of due process of law.

(Ord. No. 2012-002, § 1, 2-9-2012)