1. The date and location of the violation, including the address or other description of the location where the violation occurred or is occurring and a brief description of the conditions observed that constitute a violation;

2. The name(s) of the owner and/or possessor, if known;

3. The code section(s) being violated and a description of the section(s);

4. Actions required to correct, abate or mitigate the nuisance condition or code violation, and the time within which the violation must be abated;

5. An order prohibiting the continuation or repeated occurrence of a nuisance condition or violation of this code described in the NOV and abatement order;

6. A statement that the person upon whom the NOV and abatement order is served may appeal the determination that there is/are violation(s) as alleged, that the person who was served with the NOV is the owner and/or possessor of the animal(s), or that the amount of any administrative fine imposed is warranted. The NOV will instruct the person being served as to the proper procedure and time frame for submitting an appeal;

7. Notice that if the owner and/or possessor fails to comply with the order or file a timely appeal, the animal will be subject to impoundment in accordance with Chapter 9.28;

8. The signature of the citing animal control officer and city contact information (address, telephone number) for additional information.

1. Notice. The hearing officer shall notify the owner and/or possessor of the animal that a hearing will be held, at which time the animal control officer and the animal owner and/or possessor may present evidence as to whether the abatement order shall be sustained, modified, or overruled. The notice of the appeal hearing shall be sent pursuant to subsection (B) of this section. The hearing shall be held promptly within no less than ten days and no more than thirty days after service of the notice on the owner of the animal.

2. Conduct of Hearing. The hearing officer shall conduct the hearing in an informal manner and shall afford the owner and/or possessor of the animal an opportunity to present evidence as to why the order should be modified or overruled. The formal rules of evidence shall not apply; however, whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for the animal control officer to find probable cause shall be sworn to and verified by the complainant and attached to the petition filed by the animal control officer. The hearing officer may admit into evidence all relevant evidence, including incident reports and the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.

3. Recording. The proceedings at the hearing may be tape recorded if ordered by the hearing officer or requested by the owner and/or possessor of the animal. A stenographic reporter shall also record the proceedings if ordered by the hearing officer or requested by the owner and/or possessor, with the costs thereof to be borne by the requestor. A copy of the tape recording or transcript of the proceedings shall be made available to any person upon request and upon payment of the cost of preparation thereof.

4. Failure to Appear. The hearing officer may decide all issues for or against the owner and/or possessor of the animal even if the owner and/or possessor fails to appear at the hearing.

5. Determination. After the hearing, the hearing officer may find, upon a preponderance of the evidence, that a public nuisance under this section exists. The hearing officer may order the abatement of the nuisance by upholding or modifying the abatement order. The abatement order shall supersede any previous abatement order issued by an animal control officer. Within ten days of the hearing, the determination and abatement order shall be served upon the owner by prepaid first-class mail, return receipt requested. The determination and abatement order of the hearing officer shall be final and conclusive.

1. Cite the owner and/or possessor of the animal for a violation of this title. Each day that a violation occurs is a separate offense.

2. Refer the violation to the city attorney or district attorney for criminal or civil prosecution of a violation and/or abatement of the public nuisance.

3. Impound the animal. The owner and/or possessor may redeem an impounded animal as specified in Chapter 9.28; provided, that the owner and/or possessor agrees to comply and is able to comply with the abatement order, and has paid all impound fees or charges.