<div class="chunk-title">Sec. 6-118 - Appeals.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               Except for dangerous dog and potentially dangerous dog determinations made pursuit
               to G.S. 67-4.1 et seq. or as amended, any written determination made by the supervisor
               or officer within this article, the owner of the animal may appeal the determination
               by filing written objections with the sheriff within three business days of the violation.
               The owner shall be required to post a bond in the amount of the fine or penalty assessed
               with the application of appeal. Failure to post the bond will result in an invalid
               appeal. Upon timely receipt of an appeal and the posting of the bond, the sheriff
               or his/her designee shall render a decision within 30 days of the filing of the appeal.
               The decision of the sheriff or his/her designee shall be final. If the owner's appeal
               is successful, the county shall refund any fines or penalties paid by the owner regarding
               the matter that was appealed.
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            <p class="incr0">
               (b)
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            <p class="content1">
               Any appeal from the declaration that a dog is dangerous or potentially dangerous shall
               be made to the animal control appeals board. The owners shall have three business
               days from receipt of said declaration to appeal the decision. Said appeal shall be
               in writing and filed with the sheriff's department. Upon timely receipt of an appeal,
               the appeal board or its designee shall schedule a hearing before the appeals board
               within ten days of the filing of the appeal. If the owner's appeal is successful,
               the county shall refund any fines or penalties paid by the owner regarding the matter
               that was appealed. Any party has the right to have counsel present before the board,
               to examine and cross-examine witnesses and to have witnesses' testimony be sworn.
               The county attorney/designee shall preside over all hearings of the board, but shall
               not be a voting member. Any appeal from the final decision of the appeals board shall
               be taken to superior court of Buncombe County by filing notice of appeal and a petition
               for review within ten days of the final decision of the appellate board. Appeals from
               the rulings of the appeals board shall be heard de novo before a superior court judge.
               If there are any conflicts between this section and G.S. 67-4.1 et seq. or as amended,
               the provision of G.S. 67-4.1 shall prevail and apply.
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            <p class="incr0">
               (c)
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            <p class="content1">
               There is hereby created an animal control appeals board which shall consist of seven
               persons. Members of this board shall include the emergency management director or
               his or her designee, the public health director or his or her designee and the cooperative
               extension director or his or her designee. In addition, the county manager shall appoint
               one additional county employee to serve on the board. In addition, the county commissioners
               shall appoint to the board three residents of Buncombe County for a three-year term.
               The county manager shall also appoint one county employee to be an alternate member
               should one of the board members not be able to attend a hearing. Appeals shall be
               heard by all seven members of the board whenever all seven can be present, but four
               members shall constitute a quorum in the event that all seven are not able to be present.
               If the vote is a tie, the appeal shall be denied. The members shall be expected to
               disclose any prior personal involvement they have had with the case or other conflicts
               of interest, and recuse themselves accordingly. The board shall have jurisdiction
               to hear and determine all appeals from determinations made by the sheriff or his designee
               regarding whether a dog is dangerous or potentially dangerous in accordance G.S. 67-4.1
               et seq. or as amended.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 10-04-01, 3-16-10)
               </p></div>