Ordinance 2393-99 - Laserfiche WebLink

1. first class mail and certified mail, return receipt requested, to the owner's last known address; or 2. personally. If the notice is personally served, proof of personal service of the notice shall be made by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. Personal service means: handing it to the owner's attorney or to the owner; or leaving it at their office with their clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the owner has no office, leaving it at their dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Section 8: A new section is hereby added to Everett Municipal Code Chapter 6.08, to read as follows: Appeal of Notice of Potentially Dangerous Dog or Dangerous Dog. A. Any owner of a dog which has been declared potentially dangerous or dangerous by the Everett animal control, pursuant to EMC 6.08. (section 7 of this ordinance), may appeal the notice by filing at the Everett Animal Shelter, within fourteen (14) days from the date of the notice, 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. B. Failure to file a timely and complete notice of appeal constitutes a waiver of all rights to an appeal under this chapter. C. Upon receipt of a timely filed and completed notice of appeal, a notice of hearing shall be sent to the appellant, setting the date, time and place of the appeal hearing. D. The hearing shall be set no less than 10 nor more than 30 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 EMC 6.08. (section 7(B)(5) of this ordinance). E. The hearing examiner shall be an elected or pro tempore Everett Municipal Court judge, unless the Mayor designates another as hearing examiner. F. At the hearing, the owner of the dog found to be a potentially dangerous dog or dangerous dog shall be permitted to present evidence in support of their position at the hearing. 6