Laserfiche WebLink
<br />2. The Director of Public Safety will issue a <br />notice of hearing date by mailing a copy to <br />the petitioner I s address no later than five <br />(5) days prior to the date of the hearing. <br />Where no written request from the owner for a <br />hearing is received by the Director of Public <br />Safety within seven (7) days after <br />impoundment, the pit bull shall be destroyed <br />or inunediately and permanently removed from <br />the City. <br /> <br />3. The hearing, if any, will be held before the <br />Director of Public Safety or a hearing officer <br />designated by the Director of Public Safety. <br />Any facts which the petitioner wishes to be <br />considered shall be submitted under oath or <br />affirmation either in writing or orally at the <br />hearing. At the hearing, the City shall bear <br />the burden of proof that the impounded dog is <br />a pit bull by a preponderance of the evidence. <br /> <br />4. The Director of Public Safety or the <br />designated hearing officer shall make a <br />determination whether the dog is a pit bull. <br />Such determination shall be considered a final <br />order of the City on the matter unless, within <br />seven (7) calendar days after the <br />determination, the petitioner files a written <br />appeal of the determination with the City <br />Administrator. In such a case, the written <br />appeal shall set forth the reasons for the <br />petitioner's objections. The City <br />Administrator or City Administrator's designee <br />shall review the determination based upon the <br />evidence presented at the hearing and issue a <br />complete and final order, which shall be final <br />upon issuance, subject to review under Rule <br />l06(a)(4) of the state rules of civil <br />procedure. <br /> <br />5. If the dog is found to be a pit bull as <br />alleged, and the owner produces evidence <br />deemed sufficient by the Director of Public <br />Safety or the designated hearing officer that <br />the pit bull is to be permanently taken out of <br />the City and the owner pays the cost of <br />impoundment and of the hearing, which shall <br />include any cost of any test performed to <br />determine if the animal is a pit bull, the <br />animal shall be released to its owner. If the <br />Director does not deem such evidence to be <br />sufficient, the animal shall be destroyed, but <br /> <br />6 <br />