A. Except as provided in Section 9.28.070, the animal control officer may not seize or impound an animal without the consent of the owner and/or possessor, unless a pre-impoundment notice is provided in accordance with subsection (B) of this section.

B. At least five days prior to the date of impoundment the owner and/or possessor of the animal shall be served in person or by mail with a notice that his/her animal will be subject to impoundment on or after a specified date. The notice shall state that the owner and/or possessor may request a hearing before the animal hearing officer prior to the date for impoundment specified in the notice. The filing of a timely appeal shall stay the impoundment of the animal until the conclusion of the hearing.

C. Whenever a timely appeal is filed, the animal hearing officer shall conduct a pre-impoundment hearing to determine whether impoundment of the animal is authorized under this title. The decision of the animal hearing officer shall be based on the weight of the evidence and shall be final. The owner and/or possessor of the animal shall be given notice of the decision in person or by mail.

D. Whenever the owner and/or possessor of an animal is served with an abatement order pursuant to Section 9.08.180 governing animal noise or Chapter 9.24 governing potentially dangerous and dangerous animals, the notice of impoundment may be incorporated within the abatement order. A hearing pursuant to Chapter 9.24 before the hearing officer shall also constitute the preimpoundment hearing specified in subsection (C) of this section.