A.
The Animal Control Authority shall initiate administrative proceedings to declare an owner who has been convicted of one or more violations of this chapter on three separate occasions in a twenty-four-month period or whose dog has been determined to be dangerous or potentially dangerous and who has not complied with the requirements of this chapter pertaining to dangerous or potentially dangerous dogs a reckless owner and to revoke all licenses and permits issued to such person under Article III. Such proceedings shall be instituted by service of a notice of declaration and revocation, in writing, upon such owner either personally, by certified mail addressed to the owner at the owner's usual place of residence with return receipt requested or by residential service, which shall mean leaving a copy at the owner's usual residence with a person of the age of majority who resides therein. The notice shall contain:
(1)
The name and address of the owner who is subject to such declaration and revocation;
(2)
The name(s), description(s) and license number(s) of any pet animal(s) licensed by the owner that are associated with such violations;
(3)
The name(s), description(s) and license number(s) for all pet animals licensed to the owner that will be subject to revocation;
(4)
A description of all licenses and permits issued under Article III that will be subject to revocation;
(5)
A summary of the violations or requirements which form the basis of such declaration and revocation, including the case numbers, if any;
(6)
A summary of the effects of such declaration, including the revocation of said licenses and permits and surrender to the Animal Control Authority of all pet animal(s);
(7)
A statement of the date on which the declaration and revocation order will become a final order if the owner does not file a timely written request for hearing with the Animal Control Authority, which effective date shall be not less than 10 days after the date of mailing (or personal or residential service) of the notice; and
(8)
A statement that the owner may file a written request for a hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the notice.
B.
Finalization without hearing. If the owner does not file a written request for hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the declaration and revocation notice, then such declaration and revocation shall become final, and the owner shall surrender such animal to the Animal Control Authority within 24 hours after the expiration of the ten-day period. Failure to surrender such animal shall result in immediate impoundment by the Animal Control Authority in accordance with Article III. Such surrendered or impounded animal shall immediately become the property of the Animal Control Authority and may be destroyed humanely or placed with a new owner, as the Authority deems appropriate.
C.
Hearing and appeal. If the owner files a written request for hearing with the Animal Control Authority within 10 days after mailing (or of personal or residential service) of the declaration and revocation notice, a hearing on such notice shall be held by a hearing officer or panel designated by the Animal Control Authority. The hearing shall be held, if practicable, within 10 days after the Animal Control Authority received the written request for hearing. Notice of the time and place of the hearing shall be coordinated by the Animal Control Authority not less than 48 hours prior to the scheduled hearing. At the hearing, the owner shall be provided an opportunity to appear and offer evidence to dispute the declaration and revocation notice. A written determination to affirm or reverse the declaration and revocation notice shall be entered by the hearing officer or panel within 10 days after the date of the hearing, if practicable. If the declaration and revocation notice is affirmed, the hearing officer or panel shall enter a final declaration and revocation order requiring the owner to surrender such animal(s) to the Animal Control Authority within 10 days after the date of the hearing officer's or panel's decision; provided, however, that the owner may appeal such final determination order within 14 days to the District Court, during which proceedings such final determination order shall be stayed.