Ordinance 3705-19 - Laserfiche WebLink

D. Proof of service of the notice shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date, city and manner in which service was made. Section 7. Section 8 of Ordinance No. 2393-99, codified at EMC 6.08.035, is amended as follows, with strikeouts deleted and underlining added: Appeal of notice of potentially dangerous dog or dangerous dog. A. Review by Everett animal control Manager. The Manager(as defined in EMC 6.04.020) shall have authority to review EMC 6.08.030 declarations of potentially dangerous dog or dangerous dog and to amend the restrictions of potentially dangerous dogs.The Manager may uphold or rescind the declaration of dangerous dog or potentially dangerous dog, or may amend it from a dangerous dog designation to a potentially dangerous dog designation. Any owner of a dog which has been declared potentially dangerous or dangerous by Everett animal control pursuant to EMC 6.08.030 may request review by the Manager. 1. This request for review must be in writing and filed at the Everett animal shelter, along with proof of a current valid pet license for the dog. 2. This request for review must be filed within six business days from the date of the notice of EMC 6.08.030 declaration of potentially dangerous dog or dangerous dog. 3. Said written request for review shall be on a form provided for that purpose by Everett animal control or other written notice, but must contain the following items: a. A caption reading: "Appeal of ,"giving the name of the appellant; b. A brief statement of the finding being appealed, together with any material facts claimed to support the contentions of the appellant; c. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified or otherwise set aside d. The current address of the appellant; and e. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal. 4. Failure to file a timely and complete request for review to the Manager constitutes a waiver of all rights to an appeal under this chapter. The right to appeal to the Everett animal control Manager must be exhausted prior to further appeal to the Everett Municipal Court. 5. Upon receipt of a timely filed and completed notice of appeal,the Manager shall review the written appeal along with the written report of Everett animal control and any attached documents. a. The Manager shall issue a written decision granting or denying, in whole or in part, the relief requested in the request for review, along with findings of fact in support of such decision, within ten business days of receipt of the appeal.The Manager may also in his her or discretion amend the restrictions of a potentially dangerous dog. b. The Manager's written decision shall summarize the evidence considered in making the decision. It shall also include a statement advising that the Manager's decision may be ix 2019 ORDINANCE: Dangerous and Potentially Dangerous Dogs Page 8 of 15