5.43.100 Revocation or nonrenewal of license.
If the director of joint animal control determines that a licensee has failed to substantially comply with this chapter after being notified pursuant to Section 5.43.070 and that such failure has resulted in neglect or abuse of any animal in the possession or control of the licensee or creates a danger to the public health and safety, the director of joint animal control may petition the director of the department issuing the pet shop license to revoke said license or deny renewal of said license. The nature of said petition, its processing and determination shall be as follows:
A. The petition shall set forth the specific violations upon which it is based.
B. The director of the issuing department shall set a date for hearing said petition which date shall not be less than fourteen days after service of said petition by the issuing department.
C. A copy of the petition and notice of the hearing date shall be served either personally or by certified mail, return receipt requested, upon the licensee. Service shall be deemed effective on the date of personal service or three days after such service was deposited in the United States Postal System.
D. If the director of the issuing department determines upon the basis of the evidence presented at such hearing that it is necessary in order to provide for the humane care and treatment of animals or to protect the public health and safety that such license either be revoked or an application for a renewal of said license be denied, the director shall so revoke or deny the renewal of such license. If the director finds that there have been violations of this chapter but that such violations do not warrant the revocation or nonrenewal of the license, the director may set forth such lesser conditions for continued operation as shall be appropriate in order to promote humane care and treatment of animals or to better protect the public health and safety. Such remedy may include civil fines not to exceed one hundred dollars.
E. If the licensee wishes to appeal the decision of the director of the licensing department, said licensee shall file with the licensing department a written request for review of the director’s decision within ten days after the receipt of said decision.
F. If review is requested within the time limit set forth above, the decision of the director of the licensing department shall be reviewed by the city’s hearings examiner at a hearing to be held not more than thirty days after the filing of such request for review. The decision of the director of the issuing department shall be held in abeyance pending such review hearing. The hearings examiner may affirm, reverse or modify the decision of the director of the issuing department. The decision of the hearings examiner shall be final. (Ord. 907 §1, 1991).