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<br />2/13/2006 <br /> <br />SECTION 5. Section 6.04.095 is hereby added to Chapter 6.04 of the Redwood City <br />Municipal Code to read as follows: <br /> <br />"6.04.095 <br /> <br />Hearing procedures. <br /> <br />(a) The hearing pursuant to this section shall be conducted by a hearing <br />officer or designated representative appointed by the Director of the Environmental <br />Services Agency. The hearings shall be scheduled no less than five (5) working days <br />and no more than fifteen (15) working days from the receipt of the request for the <br />hearing unless agreed upon by the involved Animal Control Officer or Peace Officer and <br />the animal owner. A hearing may be continued if the Hearing Officer deems it <br />necessary and proper or if the owner, or Animal Control Officer and/or Peace Officer <br />shows good cause. <br /> <br />(b) The hearing shall be conducted in an informal manner consistent with due <br />process of law. Both the owner of the animal and Animal Control Officer and/or Peace <br />Officer may be represented by counsel. The parties may present relevant evidence and <br />call and cross-examine witnesses. The strict rules of evidence shall not be applicable. <br />Any relevant evidence may be admitted if it is the sort of evidence on which responsible <br />persons are accustomed to rely in the conduct of serious affairs. The hearing shall be <br />tape-recorded and all documentary evidence submitted at the hearing shall be <br />preserved. Any party may arrange for a court reporter to be present. Any party desiring <br />the presence of a court reporter shall make all necessary arrangements and shall be <br />responsible for payment of all costs. <br /> <br />(c) The Hearing Officer may exclude disorderly or disruptive persons from the <br />hearing or make other orders as necessary to ensure the fair and orderly conduct of the <br />hearing. <br /> <br />(d) The Hearing Officer may decide all issues for or against the owner of the <br />animal should the owner fail to appear at the hearing. <br /> <br />(e) Within five (5) working days of the hearing, the Hearing Officer or <br />designated representative shall render a brief written decision, which decision shall be <br />final at the administrative level. The written decision shall be mailed to the parties by <br />certified mail and include a declaration or proof of mailing which includes the date on <br />which the decision was mailed to the parties. <br /> <br />(f) Unless the hearing officer for good cause otherwise determines, the owner <br />of the animal is liable for all costs related to such hearing not to exceed three-hundred <br />and fifty dollars ($350). <br /> <br />(g) The failure to conduct a hearing required by this section shall have no <br />bearing on any criminal prosecution for violation of any provisions of this chapter. <br /> <br />Atty/Ord.248 final <br />022106 <br /> <br />6 <br /> <br />Ord 2292 <br />(formerly muff# 305) <br /> <br />- ,-,---.---",-"---,,,-.,------'------'--'- <br />