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A. Whenever the manager of the regional animal service section or animal care and control officer has found an animal maintained in violation of this chapter, the manager of the regional animal service section is authorized to commence proceedings to cause the abatement of each violation.

B. The manager of the regional animal service section or animal care and control officer shall issue a notice of violation and an order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain:

1. The name and address if known of the owner or person presumed to be the owner of the animal in violation of this chapter;

2. The license number, if available, and description of the animal in violation sufficient for identification;

3. A statement to the effect that the manager or animal care and control officer has found the animal maintained illegally with a brief and concise description of the conditions which caused the animal to be in violation of this chapter, including reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal;

4. A statement of the action required to be taken to abate the violation, as determined by the manager of the regional animal service section.

a. If the manager has determined the animal in violation must be disposed of, the order shall require that the abatement be completed within a specified time from the order as determined by the manager to be reasonable;

b. If the manager of the regional animal service section has determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the order;

5. Statements advising that if any required abatement is not commenced within the time specified, the manager of the regional animal service section shall proceed to cause abatement and charge the costs thereof against the owner;

6. Statements advising:

a. That a person having a legal interest in the animal may appeal from the notice of violation and order or any action of the manager of the regional animal service section to the hearing examiner, but only if the appeal is made in writing as provided by this chapter and filed with the manager of the regional animal service section within 24 days from the service of the notice of violation and order; and

b. That failure to appeal constitutes a waiver of all right to an administrative hearing and determination of the matter.

C. The notice and order shall be served on the owner or presumed owner of the animal in violation.

D. Service of the notice of violation and order shall be made upon all persons entitled thereto:

1. Personally;

2. By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at the person’s last known address; or

3. By posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal, if the owner or person is not home.

E. Proof of service of the notice of violation and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. (Ord. 6546 § 2, 2020; Ord. 5957 § 3, 2010.)