§ 4-14.12. Administrative hearing decision.

(a)

After considering all the evidence and testimony submitted at an administrative hearing, the hearing officer shall issue a written decision to the violator and complainants to uphold or to dismiss the barking dog citation based upon a conclusion of whether or not a violation occurred for which the violator was a responsible person. The decision of the hearing officer shall list the reasons for that decision.

(1)

The hearing officer may consider alternatives that would result in elimination of the barking dog problem in lieu of payment of the civil fine. These alternatives may include, but are not limited to, use of a bark collar, and behavior modification training for the barking dog and owner or responsible person.

(2)

The decision of the hearing officer shall list any alternative resolutions ordered in lieu of payment of the civil fine and establish a time certain for implementation of such alternative remedies.

(3)

The hearing officer's decision is final.

(4)

The hearing officer has authority to determine an alternative resolution in lieu of payment of the civil fine; however, the hearing officer has no authority to reduce the fine.

(b)

If the hearing officer's decision is to uphold the barking dog citation, the civil fine imposed for the violation shall be due at the conclusion of the administrative hearing, or at some other time as directed by the public health director or hearing officer.

(1)

If the decision is to dismiss the barking dog citation, the civil fine shall no longer be due and payable. If the penalty was deposited with the public health department, then the department shall promptly refund the amount of the deposited penalty.

(Ord. No. 2020, § 2, 2-28-12)