4-5-16: HABITUAL VIOLATOR:

   A.   Notice of Abatement; Appeal: In addition to any legal remedy available under the provisions of this Chapter, the Animal Control Agency may notify and direct, in writing, an owner who is guilty of three (3) convictions of a violation of this Chapter in any twelve (12) month period to abate and remove the animal(s) causing the violations from the City within five (5) calendar days from the date of the notice; or, in the alternative, to abate and transfer ownership and possession of the animal to another person not living at the same place of residence.

   B.   Request Hearing Before District Court: The owner of an animal that has been served with an order of abatement, pursuant to subsection A. of this Section, may appeal such order by requesting a hearing before the district court by submitting a written request to the clerk of the court. Any appeal must be filed within five (5) calendar days following service of the notice.

   C.   Failure to Abate; Impoundment of Animal: If the owner of the animal is found in violation of the abatement notice and has failed to timely appeal the notice or lost their appeal, the animal shall be removed and impounded by the Animal Control Agency, subject to all impoundment procedures; provided, however, the animal may not be returned to the same residence or property from where it formerly resided or was impounded. The owner of the animal shall be responsible for the fees incurred as a result of the seizure and impoundment of the animal. (Ord. 922, 4-24-2024)