8.18.030 - Denial, suspension, revocation and appeal of a residential kennel or a residential cattery license.
A. The Animal Control Director may, in his or her discretion, deny any application for a residential kennel or a residential cattery license whether such application is for an original license or renewal of a license, and may suspend or revoke any residential kennel or a residential cattery license if he or she finds that a kennel or cattery fails to meet any or all of the standards for residential kennels or a residential catteries referred to in this Section 8.18.020 or is in violation of any law of the state of California or any provision of this chapter, any provision of any other City code or provision of a conditional use permit.
B. When such denial, suspension or revocation occurs, the director shall prepare a written notice of such denial, suspension or revocation which shall contain a brief statement of the reason or reasons for such denial, suspension or revocation. The director shall serve such notice upon the applicant or licensee by hand-delivery or by registered or certified mail, postage prepaid, return receipt requested or by any overnight delivery service. Denial, suspension or revocation shall be effective 30 days after service of such notice. Where an application for a residential kennel or a residential cattery license is denied or where a residential kennel or a residential cattery license issued pursuant to this chapter is revoked, no application for a new license for such residential kennel or a residential cattery shall be considered for a period of one year from the effective date of such denial or revocation; provided, however, that for good cause shown the Animal Control Director may direct that there be a lesser period of time before such application will be considered.
C. Any person (appellant) whose application has been denied or whose license has not been renewed, or whose license has been suspended or revoked, may appeal such denial, nonrenewal, suspension or revocation by filing with the Animal Control Director or his/her designee within 15 days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, nonrenewal, suspension or revocation is improper. The Animal Control Director or designee shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall be not less than ten days from the date of mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than 45 days from the date of mailing of the notice of denial, nonrenewal, suspension or revocation; provided, however, that at the request of the appellant, the Director may extend the hearing date for a reasonable period beyond the aforementioned 45 day limit. The appeal shall be heard by an Administrative Hearing Officer as defined by Section 1.17.020 of the Riverside Municipal Code and with the qualification and authority outlined in Section 1.17.160, which may modify or reverse the denial, nonrenewal, suspension or revocation. Further, the Administrative Hearing Officer shall prepare a detailed written decision. In conducting the hearing, the Administrative Hearing Officer shall not be limited by the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs.
During the pendency of the appeal, there shall be in effect an automatic stay of the denial, nonrenewal, suspension or revocation; provided, however, that during the period of pendency the Animal Control Director may take such action as he or she deems appropriate under this chapter or any other provision of law respecting the subject kennel or cattery, including but not limited to the abatement of public nuisances, inspection of the kennel or cattery premises, or the prosecution of any violation of the Riverside Municipal Code or any other provision of law not related to the failure of the subject kennel or cattery to be currently and otherwise validly licensed.
Any person aggrieved by the order of the Administrative Hearing Officer may obtain judicial review of that order by filing a petition for review with the Superior Court of Riverside County in accordance with the timelines and provisions set forth in California Code of Civil Procedure Section 1094.6.
(Ord. 7084 § 2, 2010)
