Ordinance 3705-19 - Laserfiche WebLink

appealed to the Everett Municipal Court, and that failure file a timely and complete notice of appeal to the Everett Municipal Court will constitute a waiver of all rights to an appeal under this chapter. A copy of the Manager's decision shall be provided to the appellant either in person or via certified mail with return receipt requested and First Class mail. A copy of the evidence considered by the Manager in making his or her decision shall be made available for review upon written request of the owner, or a hard copy provided at cost. c. The date of delivery of the Manager's decision shall be the date evidenced by a signed returned receipt, an affidavit of service, or three (3) days after the date of mailing as shown in a declaration of mailing. When the last day of the appeal period falls on a Saturday, Sunday, or City holiday,the period shall run until five (5:00) p.m. on the next business day. AB. Appeal to the Everett municipal court. Any owner of a dog which has been declared potentially dangerous or dangerous by the Everett animal control;pursuant to Scction EMC 6.08.030, or who wishes to appeal the Manager's review under EMC 6.08.047,of this chapter may appeal the notice written decision of the Manager by filing at the Everett animal shelter, within fourteen six business days from the date of the noticedelivery of the Manager's decision, a written notice of appeal. Said written notice of appeal shall be on a form provided for that purpose by the Everett animal control or other written notice, but must contain the following items: 1. A caption reading: "Appeal of ," giving the name of the appellant; 2. A brief statement of the finding being appealed,together with any material facts claimed to support the contentions of the appellant; 3. A brief statement of the relief sought, and the reasons why the finding should be reversed, modified or otherwise set aside; 4. The current address of the appellant; and 5. A verification, by declaration under penalty of perjury, made by the appellant as to the truth of the matters stated in the appeal. BC. Failure to file a timely and complete a request for review by the Manager or a notice of appeal from the Manager's decision constitutes a waiver of all rights to an appeal under this chapter.The right to request review by the Manager under EMC 6.08.035 or EMC 6.08.047 must be exhausted prior to further appeal to the Everett municipal court. 6D. Upon receipt of a timely filed and completed notice of appeal of a Manager's decision to the Everett municipal court, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing. E. The Everett municipal court hearing shall be set no less than ten nor more than thirty business days following receipt of a timely filed and complete notice of appeal. The filing of a notice of appeal shall not stay the requirements for restraint of the dog provided to the owner pursuant to Section 6.08.030(6)(5) of this chapter. im 2019 ORDINANCE: Dangerous and Potentially Dangerous Dogs Page 9 of 15