ORD 1205 - Laserfiche WebLink

reasons therefor. Any dog found to be vicious is hereby deemed a public nuisance and shall be, pursuant to the order of the Hearing Officer, humanely destroyed by the Director, removed from the City or otherwise abated. (Based on Ord. 638, as amended by Ord. ) § 4-6.16.5 Appeal to Superior Court. (a) The decision of the Hearing Officer may be appealed by any interested party to Superior Court. (b) The Hearing Officer will automatically stay the effect of his or her decision upon request for up to thirty (30) days provided that the dog's owner must demonstrate to the satisfaction of the Hearing Officer that the public is being adequately protected from the possibility of any further attacks by the dog in question. (c) After an action has been commenced, the Superior Court may stay the Hearing Officer's decision provided that the dog's owner must demonstrate to the satisfaction of the Court that the public is being adequately protected from the 'possibility of any further attacks by the dog in question. (d) Superior Court review shall be in accordance with Code of Civil Procedure Section 1094.5 and the Court shall exercise its independent judgment based upon the record of proceedings before the Hearing Officer. (Based on Ord. ) § 4-6.17 Cost of Abatement. The cost of abatement herein shall be paid for by the owner of the dog and shall become a lien against the property of the owner, if any, upon which the dog as kept and maintained until said assessment is paid. (Based on Ord. 638) § 4-6.18 Payment of Assessment. It shall be lawful for any person to pay the amount of such assessment on or before the 15th day of July following its imposition. If said assessment is not paid on or before said date the total amount thereof shall be entered on the next fiscal year tax roll as a lien against the property of the owner upon which the dog was maintained and shall be subject to the same penalties as are p~ovided for other delinquent taxes or assessments of the City. (Based on Ord. 638) § 4-6.19 Collection of Assessment. In the event that legal action is necessary to collect said assessment the owner of the dog shall pay the expenses thereof including reasonable attorney's fees. (Based. on. Ord. 638)