6.02.145 Appeal – Authority.
A. Filing of Appeal. A written notice of appeal shall be filed with the city clerk and the chief of police not more than 10 calendar days after service of the order to abate a nuisance, order of impoundment and/or euthanasia, potentially dangerous animal declaration, dangerous animal declaration, or other order issued under this chapter. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the order or declaration.
1. If the owner or custodian of the animal does not file a timely written notice of appeal, the restrictions imposed in connection with the order or declaration shall remain in effect for the life of the animal, unless modified or removed by action of the animal control authority.
B. Form. An appeal pursuant to this chapter shall be written and shall contain substantially the following information:
1. A caption reading: “Appeal of ____,” giving the names of all appellants participating in the appeal;
2. A statement of the legal interest of each of the appellants;
3. A brief statement of the specific order or action appealed;
4. A brief statement of the relief sought, and the reasons why it is claimed the order or action should be reversed, modified or otherwise set aside, together with any material facts claimed to support the contentions of the appellant;
5. Signatures of all parties named as appellants, and their official mailing addresses; and
6. Certification (by signature of the appellant) that the appellant has read the appeal, and that to the best of the appellant’s knowledge, information, and belief, the appeal is well grounded in fact.
C. Scheduling of Hearing. Upon receipt of a timely appeal, a hearing shall be scheduled not more than 60 days from the date of the filing of the appeal. The hearing examiner shall send written notice of the date of the hearing to the appellants and to the city at least 10 days prior to the scheduled hearing date. It shall be the responsibility of the parties to notify witnesses of the hearing date. The failure of the appellant to appear at the hearing shall result in a denial of the appeal and upholding of the order to abate a nuisance, order of impoundment and/or euthanasia, potentially dangerous animal declaration, declaration of dangerous animal, or other order issued under this chapter.
D. Enforcement Stayed During Pendency of Appeal. Unless otherwise determined by the hearing examiner, enforcement of the order to abate a nuisance, order of impoundment and/or euthanasia, potentially dangerous animal declaration, dangerous animal declaration, or other order issued under this chapter shall be stayed during the pendency of the appeal; provided, that the animal control authority may order that the animal be confined or controlled in compliance with LMC 6.02.025(C) during the pendency of all appeals. If the animal control authority’s order or declaration is upheld or upheld with modifications, the owner shall pay for all costs of confinement and control.
E. Hearing before the Hearing Examiner – Presentation of Evidence. At the appeal hearing, the hearing examiner shall take evidence relevant to the order or declaration. Parties are responsible for subpoenaing any witnesses they deem necessary to testify. The hearing shall be conducted in accordance with any rules of procedure established by the hearing examiner, to the extent the rules do not conflict with the provisions of this section.
F. Burden of Proof and Standard of Review. At the appeal hearing before the hearing examiner, the city shall have the burden of proving that the animal is a nuisance, or is potentially dangerous or dangerous, or that the order of impoundment and/or euthanasia or other order is justified under this chapter, by a preponderance of the evidence.
G. Decision of Hearing Examiner. The hearing examiner shall weigh the evidence presented by both the city and the appellant, and shall issue a written decision to the appellant and city that either affirms, reverses, or modifies the animal control authority’s order or declaration.
1. The hearing examiner shall notify the nonprevailing party of the right to appeal the hearing examiner’s decision.
2. If the declaration is reversed and an appeal is not timely filed by the animal control authority, any previously imposed restrictions on the animal shall be annulled.
H. Appeal of Decision of the Hearing Examiner. The decision of the hearing examiner shall be the final decision, unless an aggrieved party appeals to the Snohomish County superior court within 21 calendar days of the date the decision is issued. (Ord. 3145 § 6, 2015; Ord. 2604 § 1, 2006; Ord. 2091 § 17, 1996; Ord. 1526, 1986)