The purpose of this chapter shall be to create special procedures to assure full access to administrative remedies in the application or enforcement of this title and for the mediation of disputes involving any animal governed by this title. Such procedures shall be administered by the Director and conducted by the Hearing Officer.
(Ord. 1035 § 49, 1969; SCC 0815 § 2, 1990)
Hearings may be held to determine the following:
1. 
That an animal is a vicious animal within the meaning of this title;
2. 
That the decision of the Hearing Officer has been breached; or
3. 
That cause for an order no longer exists and the owner may be relieved of the conditions imposed by said order;
4. 
That a permit has been denied, issued conditionally, or revoked in accordance with the provisions of this title; or
5. 
Whether an administrative penalty is required to be paid.
A person shall be deemed to have shown cause for a hearing to be held when he or she complies with the applicable appeal, complaint or charge filing provisions specified in Chapters 8.26 and 8.34 of this title.
As requested by the Director, hearings may be held in order to attempt mediation of such other matters as may arise from the keeping of animals.
(Ord. 1035 § 49, 1969; SCC 0815 § 2, 1990; SCC 0892 § 20, 1992; SCC 0895 § 11, 1992; SCC 1356 § 21, 2007)
The Hearing Officer shall be authorized, within the scope of authority given by Title 8 and the Director, to conduct hearings to resolve conflicts arising from the application and enforcement of this title, to make binding determinations, and to mediate disputes related to the keeping of animals pursuant to this title.
(SCC 0815 § 2, 1990)
The Hearing Officer shall have the power to administer oaths or affirmations. At the request of either the Chief of Animal Control or the animal owner, the Clerk of the Board of Supervisors shall, on behalf of the Board, issue subpoenas for attendance of witnesses at the hearing.
(SCC 0815 § 2, 1990)
a. 
Not later than 30 calendar days following the date of filing either an appeal as prescribed by Section 8.26.110 or charges as prescribed in Sections 8.34.030 and 8.34.035 of this title, 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 Director, 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 Control 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.
b. 
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:
1. 
Whether, based upon the evidence presented during the hearing, the action requested is granted or denied; and
2. 
What disposition should be made as a consequence.
c. 
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:
1. 
That the Chief of Animal Control destroy the animal in question;
2. 
That the Chief of Animal Control release the animal in question to the owner subject to such conditions or special registration requirements as may be specified in this title or required to ensure public safety and animal welfare;
3. 
That the Chief of Animal Control remove the animal in question for disposition in accordance with the applicable provisions of this title;
4. 
That the Chief of Animal Control 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 title.
d. 
Unless otherwise agreed by the parties, notice of the written decision, including a copy thereof, shall be filed with the Chief of Animal Control 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.
e. 
Failure to comply with any procedural requirements or time limits of this title shall not deprive the Hearing Officer of jurisdiction over the issue or shall not vitiate any hearing conducted or order made pursuant to this title unless such failure constitutes a denial of due process of law.
(SCC 0815 § 2, 1990; SCC 0892 § 21, 1992; SCC 0895 § 12, 1992)
Except as otherwise provided, in the event that the Hearing Officer orders destruction of an animal, the Chief of Animal Control shall immediately impound or continue to impound said animal until 14 days following the date of personal service upon or deposit in the United States mail of notice of the Hearing Officer's decision to the owner. In the event that the Chief of Animal Control is personally served with summons or other legal process in connection with a lawsuit which seeks review of the Hearing Officer's decision, the animal shall not be destroyed and shall continue to be impounded at the owner's expense while the lawsuit is pending.
(SCC 0815 § 2, 1990)
No animal impounded pursuant to Chapter 8.34 shall be released to any person other than the owner of such animal. Should the owner fail to redeem the animal by the date specified in the decision of the Hearing Officer, unless for good cause as determined by the Chief of Animal Control, the animal shall be destroyed.
Notwithstanding any other provision in this chapter or a decision or order by the Hearing Officer to the contrary, the Chief of Animal Control shall not release an animal impounded pursuant to Chapter 8.34 to the owner absent compliance with the provisions relating to redemption prescribed by Section 8.16.030 of this title, including, but not limited to, the payment by the owner of all fees and charges for impoundment.
(SCC 0815 § 2, 1990; SCC 0892 § 22, 1992)
At such time as an animal declared to be vicious dies or the location where the animal is kept changes, either through change of residence or of ownership, the person owning the animal so declared must notify, in writing within five calendar days, the Chief of Animal Control of the change. Such notification must include the date of the animal's death and the place of burial or disposal of the animal or the name and the residential and occupational addresses and telephone numbers of the new owner and the new address and telephone number where the animal is to be kept.
(SCC 0815 § 2, 1990; SCC 0892 § 23, 1992)
The owner shall comply with the order of the Hearing Officer within 14 calendar days following the date on which notice of the written decision is served upon the owner pursuant to section 8.36.50 of this chapter.
(SCC 1180 § 12, 2001)
Failure of the owner to comply with the provisions of this chapter or the order of the Hearing Officer is a misdemeanor.
(SCC 0815 § 2, 1990)
Jurisdiction shall continue in the Hearing Officer to order the removal and destruction of any animal which has been declared vicious, should any of the conditions imposed by the order of the Hearing Officer be breached. Such action shall be taken pursuant to a hearing initiated by the Chief of Animal Control and scheduled and conducted in accordance with the provisions of Section 8.36.050 except that once prima facie evidence of the breach of conditions has been established, the burden of proof shall be upon the owner to show cause as to why the animal should not be removed and destroyed.
(SCC 0815 § 2, 1990; SCC 0892 § 24, 1992)
If, after a period of two years from the date of the determination of the Hearing Officer that the animal is vicious, it can be demonstrated that the owner has complied with the order of the Hearing Officer and that no further cause exists for the order to stay in force, the owner may apply to the Hearing Officer in writing, for relief from the conditions for keeping or the provisions for special registration of the animal. Upon investigation by the Chief of Animal Control and concurrence by the Hearing Officer, relief may be granted and the owner so notified in writing or a hearing may be conducted to determine if cause for relief exists.
(SCC 0815 § 2, 1990; SCC 0892 § 25, 1992)
A. 
Administrative penalties established pursuant to this title shall be imposed and collected as set forth herein.
B. 
Notice of Violation. When a violation of any of the provisions of this title is identified, the Director shall issue a Notice of Violation to the owner. The Notice shall be on a form prescribed by the Director and shall contain the following information: (1) date, approximate time, and address or definite description of the location where the violation(s) was observed; (2) the code section violated and a description of the violation; (3) a description of the action required to correct the violation; (4) and order to the owner to correct the violation(s) within a time specified and an explanation of the consequences of failure to correct the violation(s); (5) the amount of the monetary penalty for the violation(s); (6) an explanation of how the penalty shall be paid, the time period by which it shall be paid, and the place to which the penalty shall be paid; (7) identification of rights of appeal, including the time within which the Notice may be contested and the place to obtain a Notice of Appeal and Request for Hearing form to contest the Notice of Violation; and (8) the name and signature of the citing officer and, if possible, the signature of the responsible owner. A single Notice of Violation may charge a violation for one or more days on which a violation exists, and for the violation of one or more code sections.
C. 
Service of Citation. The Director shall impart notice to the owner of the violation in the following manner:
1. 
Personal Service. The Director shall attempt to locate and personally serve the responsible owner and, if possible, obtain the signature of the responsible owner on the Notice of Violation. If the responsible owner served refuses or fails to sign the Notice, the failure or refusal to sign shall not affect the validity of the Notice or of subsequent proceedings.
2. 
Mail. If, for any reason, the Director is unable to personally serve the Notice of Violation on the responsible owner, the Notice shall be mailed to the responsible owner by certified mail, postage prepaid with a requested return receipt. Concurrently, the citation shall be sent by regular mail. Service by mail shall be sent to the responsible owner's address as shown on public records or as known by the County. If the Notice is sent by certified mail and returned unsigned, then service shall be deemed effective by regular mail, provided the Notice sent by regular mail is not returned by the post office. Service by mail shall be effective on the date of mailing.
3. 
Posting Notice. As an alternative to service by mail, and if the Director is unable for any reason to personally serve the responsible owner, the Director may post the Notice of Violation at a conspicuous location on any real property within the County in which the Director has knowledge that the responsible owner has a legal interest, and such posting shall be deemed effective service. Service shall be deemed effective pursuant to posting on the date that the Notice is actually posted.
4. 
The failure of any responsible owner to receive any notice served in accordance with this section will not affect the validity of any proceedings taken under this chapter.
D. 
Opportunity to Correct the Violation. Once a Notice of Violation has been served upon a responsible owner, the owner shall be allowed 14 days to correct or remedy the violation. If the responsible owner properly corrects or remedies the violation, he or she shall not be assessed an administrative penalty. If the responsible owner fails to correct or remedy the violation, administrative penalties shall be assessed from the date written upon the Notice. This subsection shall not be construed to waive any fee or payment that would ordinarily be required pursuant to this title.
E. 
Satisfaction of Notice of Violation.
1. 
Upon receipt of a Notice of Violation, the responsible owner must do the following: (i) pay the administrative penalty to the Department of Animal Care Services; and (ii) demonstrate to the Director that the violation has been corrected or remedied, if the violation(s) is of such a nature that it can be remedied. The Director may not accept payment of an administrative penalty unless the responsible owner has demonstrated that the violation has been corrected or remedied. If the violation is corrected or remedied within the time set forth in subsection (d), no fine shall be imposed.
2. 
If a responsible owner fails to properly correct or remedy a continuing violation in accordance with subsection (d) or otherwise, the owner shall pay the accrued penalty amount to the Department of Animal Care Services. Penalty amounts shall continue to accrue as specified up until the date the responsible owner satisfies the Notice of Violation or files a Notice of Appeal. Payment of an accrued penalty shall not excuse or discharge the owner's responsibility to correct or remedy the cited violation, nor shall it bar further enforcement action by the Director.
F. 
Appeal of Citation.
1. 
Any recipient of a Notice of Violation may contest that there was a violation of this title or that he or she is the responsible owner by completing a Notice of Appeal and Request for Hearing form and filing it with the Department of Animal Care Services within 15 calendar days from the date of issuance of the Notice, together with an advance deposit of the total amount of the monetary penalty, or the timely filing of a Request for an Advance Deposit Hardship Waiver pursuant to subsection (g) of this section. Any appeal of the Notice of Violation must include a detailed written explanation of as to the grounds for appeal.
2. 
The filing of a Notice of Appeal does not stay, postpone or excuse the responsible owner's duty to correct or remedy a cited violation. The proper filing of a Notice of Appeal, along with an advance deposit of the total accrued penalty including any fees that are the subject of the Notice of Violation, will toll any late penalties that would accrue thereafter for a continuing violation. If the Hearing Officer upholds the Notice of Violation, any applicable late penalties shall begin to accrue again on the day following the issuance of the Hearing Officer's written Decision. Any penalty amount that has been deposited in advance shall be refunded if it is determined, after a hearing, that the person charged in the Notice of Violation was not responsible for the violation(s) or that there was no violation(s) as charged in the Notice of Violation.
3. 
The failure to submit a timely and complete request for hearing will terminate a person's right to contest the Notice of Violation and result in a failure to exhaust administrative remedies, and the order of the Notice of Violation will serve as a formal determination and conclusive evidence of the named responsible owner's liability.
G. 
Advance Deposit Hardship Waiver. A person seeking an administrative hearing may request a hardship waiver of the penalty deposit by filing with the Director a completed "Advance Deposit Hardship Waiver," which must be signed under penalty of perjury. The request must be submitted along with the request for hearing. The person requesting the waiver bears the burden of establishing that such person does not have the financial ability to make the deposit. The request will be decided by the Director within three business days from the date the request is received, and the Director's decision is final. The applicant will be notified by telephone, facsimile, or in person of the decision on the request. The filing of a request for hardship waiver does not extend the time to file for an administrative hearing or pay the penalty when due. If the request for hardship waiver is denied, an administrative hearing will not be scheduled unless the penalty deposit is paid within five business days following the Director's determination on the request for a hardship waiver.
H. 
Hearing Officer. The County Hearing Officer shall conduct the administrative hearing. In addition to the authority conferred in this section, the Hearing Officer shall have the authority set forth in Section 8.36.030 of this chapter.
I. 
Hearing Procedure. The following rules shall apply to the conduct of a hearing under this section:
1. 
No hearing to contest an administrative penalty before a Hearing Officer shall be held unless and until a Notice of Appeal and Request for Hearing form has been completed and timely filed, and either the total amount of the penalty has been timely deposited in advance with the Director or, as indicated on the Notice of Appeal and Request for Hearing form, that a Request for an Advance Deposit Hardship Waiver has been timely filed pursuant to Subsection (g) of this section;
2. 
The hearing before the Hearing Officer shall be set for a date that is not less than 15 and not more than 60 calendar days from the date that the Notice of Appeal and Request for Hearing form is filed in accordance with the provisions of this section. The person requesting the hearing shall be notified of the time and place set for the hearing at least 10 calendar days prior to the date of the hearing;
3. 
The Hearing Officer shall only consider evidence relevant to whether the violation(s) occurred and whether the responsible owner has caused, maintained or allowed the violations of this chapter;
4. 
The person contesting the administrative penalty shall be given the opportunity to testify and present witnesses and evidence concerning the alleged violation;
5. 
The failure of any recipient of a Notice of Violation to appear at the hearing or, in the alternative, to present written or demonstrative evidence shall constitute an admission of the violation by the recipient and an admission that the amount of the administrative penalty is appropriate as well as a failure to exhaust administrative remedies that may bar judicial review;
6. 
The Notice of Violation and any additional documents submitted by the Director shall constitute prima facie evidence of the respective facts contained in those documents;
7. 
If the Director submits an additional written report concerning the alleged violation to the Hearing Officer for consideration at the hearing, then a copy of this report also shall be served by first class mail on the person requesting the hearing at least five days prior to the date of the hearing;
8. 
At least 10 days prior to the date of the hearing, the recipient of a Notice of Violation shall be provided with copies of the notices, reports and other documents submitted or relied upon by the Director. No other discovery is permitted. Formal rules of evidence shall not apply;
9. 
The Hearing Officer may continue the hearing and request additional information from the Director or the recipient of the Notice of Violation prior to issuing a written decision;
10. 
The Hearing Officer is not required to provide transcripts of hearings, but is required to make available tapes of hearings for a fee.
J. 
Hearing Officer's Decision.
1. 
After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within 10 days of the date of the hearing to uphold or cancel the Notice of Violation and shall list in the Decision the reasons for that Decision. The Decision of the Hearing Officer shall be final;
2. 
If the Hearing Officer determines that the Notice of Violation should be upheld, then the Director shall retain the penalty amount, including any fee that is the subject of the Notice of Violation, on deposit with the Director;
3. 
If the Hearing Officer determines that the Notice of Violation should be upheld, and the penalty has not been deposited pursuant to an advance deposit hardship waiver, the Hearing Officer shall set a payment schedule for the payment of the penalty, including any fee that is the subject of the Notice of Violation. Accrual of any late penalty charges shall resume on the day following the date of the Hearing Officer's Decision;
4. 
If the Hearing Officer determines there has been no violation and the penalty was deposited with the Director, then the Director shall promptly refund the amount of the deposited penalty;
5. 
The recipient of the Notice of Violation shall be served with a copy of the Hearing Officer's written Decision.
K. 
Failure to Pay Administrative Penalties.
1. 
The failure of any person to pay the administrative penalties assessed in connection with a Notice of Violation within the time specified on the Notice constitutes a debt to the County and may result in the matter being referred to the Sacramento County Department of Revenue Recovery, which may file a claim with the Small Claims Court or, in the alternative, utilize any means within its power to collect the amount owed. The County may pursue any other legal remedy to collect the administrative fines.
2. 
Any person who fails to pay to the County any administrative penalty imposed pursuant to this title on or before the date the fine is due shall also be liable in any action brought by the County for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees. Such collection costs are in addition to any required fees, penalties, interest and late charges.
3. 
Notwithstanding all of the procedures set forth in this section, the Director shall have the ability and discretion to enforce violations of this title, to impose necessary conditions, to forgive portions of a debt or penalty owed to the County under this title, and to coordinate collection and enforcement efforts with the Department of Revenue Recovery.
L. 
Right to Judicial Review. Any person aggrieved by an Administrative Decision of a Hearing Officer on an administrative citation may obtain review of the Administrative Decision by filing a Petition for Review with the Sacramento County Superior Court in accordance with the timelines and provisions as set forth in California Government Code section 53069.4.
(SCC 1356 § 22, 2007; SCC 1706 § 11, 2022)