§ 9.04.130. Animal use operation and pet shop permits—Refusal, suspension or revocation thereof.

(a)

The permit for the maintenance and operation of an animal use facility, commercial, hobby breeder or pet shop shall be refused by the division upon a determination that a violation exists of the provisions of any health law of the state, or any of the applicable provisions of this title.

(b)

A permit may be immediately suspended by the division for violation of any provision of this title when, in his opinion, the danger to public health or safety, or when necessary to assure humane care and treatment of the animals under permit, is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an office hearing before an impartial hearing officer from outside the division, within forty-eight hours of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to:

(1)

Dismiss the charges and reinstate the permit; or

(2)

Reinstate the permit conditioned upon correction of the violation; or

(3)

Revoke the permit.

(c)

If, in the opinion of the division, the danger to public health is not so imminent, immediate and threatening as to admit of delay, the division shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the division shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing before an impartial hearing officer from outside the division, to determine whether or not the permit should be revoked. Upon conclusion of the office hearing, the hearing officer may decide to:

(1)

Dismiss the charges; or

(2)

Establish a correction schedule; or

(3)

Revoke the permit.

(d)

All office hearings referred to herein shall be conducted in accordance with procedures adopted by the division. The applicant or permittee may call and examine witnesses, introduce exhibits, question county officials and opposing witnesses on any matter relevant to the issues, and may rebut evidence against him. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. The division shall insure that an informal record of the proceedings is maintained.

(e)

Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal the action to the board of supervisors, within ten days. The clerk shall set the matter for hearing at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the division. The board of supervisors, or their designee, shall hear the evidence offered by the applicant or permittee and the division, and shall forthwith decide the issue.

The decision of the board of supervisors, or their designee, shall be final.

(Ord. 2838 § 5, 1998: Ord. 2764 § 1 (part), 1996: Ord. 2474 § 1 (part), 1990)