04-21-2025 - Agenda Packet Planning Commission - Packet

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such time as the administrative law judge issues an opinion; (12) A statement that in the event that the dangerous animal determination is upheld by the administrative law judge, the actual expenses of the hearing, up to a maximum as set forth in City Code Appendix A will be the responsibility of the owner; (13) A statement that if the administrative law judge affirms the dangerous animal declaration, the owner will have 14 days from receipt of that decision to comply with all other requirements of this section and M.S. §§ 347.51, 347.515 and 347.52, as they may be amended from time to time; (14) A statement that all the city’s actual costs of the care, keeping and disposition of the animal are the responsibility of the person claiming an interest in the animal, except to the extent that a court or administrative law judge finds that the seizure or impoundment was not substantially justified by law; and (15) A form by which an owner may appeal the determination that the animal is dangerous. (d) Requirements upon receipt of a notice of dangerous animal . After receipt of the notice, the owner must do the following: (1) At all times keep the animal either confined in a proper enclosure as defined in § 12.91 of this code or muzzled in a manner that will prevent the animal from biting any person or animal but that will not cause injury to the animal or interfere with its vision or respiration; and (2) Provide the city animal control authority with written notice of the death of the animal or any relocation of the animal from its current residence and provide any new owner’s full name, address, daytime and evening telephone numbers and relocation address at least ten days prior to any such relocation and, if requested, execute an affidavit under oath setting forth the circumstances of the animal’s death or relocation. (e) Appeal of the dangerous animal designation. Within 14 days after service of the notice of dangerous animal any owner may request an appeal of that determination by completing and serving upon the city animal control authority a request for appeal of dangerous (or potentially dangerous ) animal designation on the form provided along with the notice, including at a minimum the following information: (1) The full name, address, daytime and evening telephone numbers of the person requesting an appeal; (2) The full name and address of all of the animal’s owners ; (3) The ownership interest of the person requesting the appeal; (4) The names of any witnesses to be called at the hearing; (5) A list and copies of all exhibits to be presented at the hearing; and (6) A summary statement as to why the animal should not be declared dangerous. The request for an appeal shall be sent to the City Attorney’s office with payment as set forth in City Code Appendix A towards the cost of the hearing. Failure to timely submit a completed request for appeal or the required fee shall be deemed a waiver of the right to appeal and consent to the designation of the animal as dangerous or potentially dangerous under state law and § 12.105 or this section of this code. (f) Hearing procedure. (1) Within 45 days after receipt of the request for appeal, the City Attorney’s office shall schedule the appeal hearing on the next available hearing date. The owner may request a later date, but must comply with all notice requirements until a decision is issued by an administrative law judge. An administrative law judge will preside over the hearing. Notice of the time, date and place of the hearing will be sent to the owner at least seven days in advance of the hearing, unless a shorter time period is agreed to by both parties. (2) The hearing shall be held at a place to be determined by the City Attorney’s office during the city’s normal business hours. (3) At the hearing, the parties shall abide by the procedure recommended by the Office of Administrative Hearings. Information about this procedure may be requested from the City’s Attorney’s office or from the Office of Administrative Hearings or their respective websites. The order of proof shall follow the burden of proof with the initial burden upon the city animal control authority to demonstrate by a preponderance of the evidence that the animal is potentially dangerous or dangerous pursuant to § 12.105 or this section of this code or state law. (4) At the conclusion of the hearing, the administrative law judge shall make written findings of fact and reach a written conclusion as to whether the animal is a potentially dangerous or dangerous animal pursuant to § 12.105 or this section of this code or state law. Separate findings shall be made as to whether or not the factors set forth in subsection (k) below were established with a corresponding conclusion as to whether or not the animal should be euthanized by the city animal control authority . The decision of the administrative law judge is final without any further right of administrative appeal. An aggrieved party may obtain review thereof by petitioning the Minnesota Court of Appeals for a writ of certiorari not more than 30 days after service of the administrative law judge’s written decision. (5) In the event that the potentially dangerous or dangerous animal determination is upheld by the administrative law 163