PLE-2022-07-supp-28 - Laserfiche WebLink

7.20.060 219 (Pleasanton Supp. No. 28, 7-22) Officer together with such other oral and docu- mentary evidence bearing upon the question of whether the dog herein is vicious. In the event the dog herein is found to be vi- cious he or she will be abated as a public nuisance and the cost, if any, of said abatement assessed against you. Dated: __________________ City Clerk _______________ (Ord. 1205 § 2, 1985; prior code § 4-6.14) 7.20.060 Hearing—Consideration of evidence. At the hearing before the hearing officer, which may be continued from time to time, both oral and documentary evidence shall be taken and considered bearing upon the question of whether or not the dog in question is vicious, consistent with the provisions of Section 7.20.030 of this chapter. No hearing shall be continued without proof to the hearing officer that the public is being adequately protected from any further attacks by the dog in question. (Ord. 1205 § 2, 1985; prior code § 4-6.15) 7.20.070 Public nuisance. If, based upon the hearing, the hearing officer finds that the dog in question is vicious, he or she shall so specify in writing together with reasons therefor. Any dog found to be vicious is 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. (Ord. 1205 § 2, 1985; prior code § 4-6.16) 7.20.080 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 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 ade- quately protected from the possibility of any further at- tacks 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 offi- cer. (Ord. 1205 § 2, 1985; prior code § 4-6.16.5) 7.20.090 Cost of abatement. The cost of abatement 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 is kept and maintained until the assessment is paid. (Ord. 1205 § 2, 1985; prior code § 4-6.17) 7.20.100 Payment of assessment. It is lawful for any person to pay the amount of such assessment on or before July 15th following its imposition. If the assessment is not paid on or before the 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 provided for other delinquent taxes or assessments of the city. (Ord. 1205 § 2, 1985; prior code § 4-6.18) 7.20.110 Collection of assessment. In the event that legal action is necessary to collect the assessment, the owner of the dog shall pay the ex- penses thereof including reasonable attorney fees. (Ord. 1205 § 2, 1985; prior code § 4-6.19)