<div class="chunk-title">Sec. 3-30. - Appeals of civil penalty assessments.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               Unless another procedure is established for a particular violation by ordinance or
               state law, appeals of civil penalty assessments shall be governed by this section.
               </p>
            		
            <p class="incr0">
               (b)
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            <p class="content1">
               Any person assessed a civil penalty may appeal by filing a written notice of appeal
               with the county within ten (10) days from the date of assessment. Failure to file
               a notice of appeal within this time period shall constitute a waiver of the right
               to contest the civil penalty.
               </p>
            		
            <p class="incr0">
               (c)
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            <p class="content1">
               Appeals shall be heard by a hearing officer; namely, the animal services director,
               or his designee, through a quasi-judicial process. If the animal services director,
               due to a conflict of interest or any other circumstance, is unable to make a determination,
               the animal services director or the county manager shall appoint a person to make
               the determination. The animal services director shall disclose any facts, knowledge
               or information personally known regarding the particular situation for the record
               at the beginning of the appeal. The animal services director shall respond to any
               questions about any past knowledge about the particular situation. The appellant shall
               have the right to state for the record any specific findings of fact about the particular
               situation that the appellant believes precludes the animal services director from
               conducting an impartial hearing of the case.
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            <p class="incr0">
               (d)
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            <p class="content1">
               The standard to be applied by the hearing officer is whether, by a preponderance of
               the evidence, a violation occurred. The hearing officer's decision shall be supported
               by specific findings of fact and specific conclusions of law based upon the findings
               of fact. The animal services director, if the animal services director acts as hearing
               officer over any objections of the appellant, shall make specific findings of fact
               and conclusions regarding such objections for that particular case. All findings of
               fact must be supported by competent and material evidence in the record and must be
               included in the record.
               </p>
            		
            <p class="incr0">
               (e)
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            <p class="content1">
               A hearing officer's decision on a civil penalty appeal is subject to further review
               in the superior court of the county by proceedings in the nature of certiorari. Any
               petition for writ of certiorari shall be filed with the clerk of superior court within
               thirty (30) days after the date that the hearing officer's written decision is issued.
               </p>
            		
            <p class="historynote0">
               (Ord. Of 9-21-21(2))
               </p></div>