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City of San Mateo Municipal Code.

8.02.115 HEARING PROCEDURES (County § 6.04.115).

(a) Hearings held under this chapter shall be conducted by a hearing officer or designated representative appointed by the Director of the Environmental Services Agency. Any city contracting with the County for animal control services may elect to utilize the services of any San Mateo County designated hearing officer to hold hearings under that City's animal control ordinances. The hearings shall be scheduled no less than five (5) working days and no more than fifteen (15) working days from the receipt of the request for the hearing unless agreed upon by the involved Animal Control Officer or Peace Officer and the animal Owner. A hearing may be continued if the Hearing Officer deems it necessary and proper or if the Owner, or Animal Control Officer and/or Peace Officer shows good cause.

(b) The hearing shall be conducted in an informal manner consistent with due process of law. Both the Owner of the animal and Animal Control Officer and/or Peace Officer may be represented by counsel. The parties may present relevant evidence and call and cross-examine witnesses. The strict rules of evidence shall not be applicable. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The hearing shall be tape-recorded and all documentary evidence submitted at the hearing shall be preserved. Any party may arrange for a court reporter to be present. Any party desiring the presence of a court reporter shall make all necessary arrangements and shall be responsible for payment of all costs.

(c) The Hearing Officer may exclude disorderly or disruptive persons from the hearing or make other orders as necessary to ensure the fair and orderly conduct of the hearing.

(d) The Hearing Officer may decide all issues for or against the Owner of the animal should the Owner fail to appear at the hearing.

(e) Within five (5) working days of the hearing, the Hearing Officer shall render a brief written decision, which decision shall be final at the administrative level. The written decision shall be mailed to the parties by certified mail and include a declaration or proof of mailing which includes the date on which the decision was mailed to the parties.

(f) Unless the hearing officer for good cause otherwise determines, the Owner of the animal is liable for all costs related to such hearing not to exceed three-hundred and fifty dollars ($350).

(g) The failure to conduct a hearing required by this section shall have no bearing on any criminal prosecution for violation of any provisions of this chapter.

(h) In the case of animals determined by an Animal Control Officer or Peace Officer to be dangerous or vicious, the hearing officer may decide any or all of the following:

(1) That the animal be designated "vicious" and the Owner of the animal lose all rights of ownership and control of the animal and the animal shall be humanely destroyed. An animal designated as vicious will be held at the animal shelter for a minimum of five (5) calendar days from the date of the hearing officer's decision, after which time it may be humanely destroyed without further notice to the Owner;

(2) That the animal be designated "dangerous" and the Owner must apply for and obtain a dangerous animal permit as provided by this chapter within five calendar days of receipt of the decision letter in order to maintain the animal and the Owner must comply with all mandatory dangerous animal permit rules and regulations as defined in Section 8.02.120;

(3) That the dangerous animal permit shall contain additional permit conditions to supplement the mandatory dangerous animal permit rules and regulations as defined in Section 8.02.120, including, but not limited to, the following:

(A) That the Owner keep the animal muzzled at all times when the animal is off the Owner's property;

(B) That the Owner prove financial responsibility by posting a bond or certificate of insurance for an amount of $1,000,000 per animal as determined by the Hearing Officer;

(C) That the Owner provide private behavioral and obedience training to the animal, at the Owner's expense and within the time set forth by the Hearing Officer following the issuance of a dangerous animal permit. Proof of participation, a report of behavioral assessment, and/or a certificate of satisfactory completion from an animal behaviorist or organization approved by the Hearing Officer shall be provided to the Animal Control Officer within seven (7) calendar days following any required training;

(D) That the Owner comply with any other permit requirement the Hearing Officer deems necessary to protect the public health or safety;

(E) That the Owner reimburse the victim for the victim's medical expenses or the victim animal's veterinary expenses;

(F) Pursuant to section 8.02.160 of this chapter, that the dangerous animal permit be modified as ordered by the Hearing Officer, or revoked and the animal humanely destroyed.