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.
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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.
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(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)
The decision of the Hearing Officer shall be final and there
shall be no appeal to the Board of Supervisors.
(SCC 0815 § 2, 1990)
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)