§ 20-2.122. Hearings.

(a)

The administrative hearing officer selected by the county administrator or designee is authorized to conduct hearings in all cases authorized by the provisions of this chapter. This shall include, but not be limited to, all permit denials, permit revocations or refusals to renew permits authorized under article II of this chapter. Written notice of the time and place of the hearing shall be given to the animal owner/guardian, permittee or permittee applicant at least ten days prior to the date set for hearing, unless the animal owner/guardian, permittee or permittee applicant expressly requests, in writing, that the hearing be set for an earlier date, and the animal services agency agrees to do so. Service of the notice shall be made in accordance with the provisions of section 1.04.190 of the Marin County Code. If the owner/guardian of the affected animal, permittee or permittee applicant fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued in accordance with the provisions of this chapter.

(b)

Administrative hearing and fees. The administrative hearing officer shall have the ability to impose administrative hearing fees authorized under a fee ordinance or resolution adopted by the governing body under whose authority the hearing has been undertaken. The administrative hearing officer may impose the fees based upon the complainant's, or business owner's or animal owner/guardian's culpability for causing administrative expenses to the animal services agency's program. At the administrative hearing, the hearing fee shall be in lieu of the imposition of any applicable statutory fine. In a de novo appeal to the Superior Court, both administrative expense fees as well as statutory penalties may be imposed upon the animal owner/guardian as deemed appropriate. Criminal restitution, damages and/or injury awards are the domain of the superior courts and are not available by way of the administrative hearing process. In any hearings other than ones involving the determination of the status of a potentially dangerous animal or vicious animal, the decisions of the hearing officer shall be final but subject to review by the Superior Court pursuant to the provisions of CCP section 1094.5. De novo appeal of hearing officer decisions to the Superior Court is only available in the case of potentially dangerous animal or vicious animal hearings.

(c)

Sanctions hearings and fees. If the animal owner/guardian does not appeal the orders of the hearing officer in a potentially dangerous or vicious animal case to the Superior Court within the time period prescribed in this chapter, the hearing officer's orders shall be binding. In all other administrative hearings, the decisions of the hearing officer are final without further appeal to the Superior Court. Failure to abide by the hearing officer's orders shall, upon petition by the animal services agency, subject the animal owner/guardian (or commercial animal establishment-related licensee or other permittees/licensees) to attend a noticed sanctions hearing where further regulatory actions to protect the public health and safety may be considered and imposed. Notice requirements shall be the same as in the case of the initial hearing before the hearing officer. (See subsection (a) above.) The sanctions that may be imposed include any reasonable regulatory actions to preserve public health and safety including, but not limited to the destruction of the animal (which order is subject to de novo review), or in the case of a permit of license, loss of said permit or license. Lesser sanctions may be imposed provided the health and safety of the public is not unreasonably placed at risk. Sanctions hearings shall be recorded or reported, and shall be final. The hearing officer shall have the authority to impose additional administrative fees authorized under a fee ordinance or resolution adopted by the governing body under whose authority the hearing has been undertaken for the expenses related to the sanctions hearing. The orders from such sanctions hearings shall be subject to review by the Superior Court pursuant to the provisions of CCP section 1094.5.

(d)

Any owner/guardian failing to abide by the final orders of the hearing officer within the period allowed within the orders or under law shall pay a civil administrative penalty in the amount of five hundred dollars. The civil administrative penalty may be waived where failure to perform the required order(s) is/are due to reasonable cause and circumstances beyond the control of the dog owner/guardian which shall be determined by the hearing officer. Any person dissatisfied with a hearing determination denying waiver of the civil administrative penalty may petition for review by the Superior Court pursuant to the provisions of CCP section 1094.5.

(Ord. No. 505 N.S., § 2 (part))