BC 1992 08 17 - Laserfiche WebLink

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48 (4) <5) (6) Failure to comply with written order. It shall be unlawful for an owner to fail to comply with a written order to take preventive measures within the designated time for compliance stated in the written order or any extension thereof. The penalty for failure to comply with written order to take preventive measures shall be one hundred ($100.00) dollars. The Department shall have the authority to issue an additional $200.00 citation for continuing failure to comply with a written order. Owner's Challenge to Written Order. The owner may submit in writing a challenge to the Department's determination that Section 13, (#1) is applicable to the owner's premises or submit in writing a challenge to the specific preventive measures required by the Department. The owner's written challenge must be received by the Board of Health by the end of five days of the date of the written order, not counting the day of issuance of the written order. The challenge to the written order shall be reviewed by the Director/ Supervisor unless the Director/Supervisor has had some involvement in the issuance of the written order. In that situation, the Board of Health or their designee shall review the written challenge. The review of the challenge may be done solely on the basis of written material. Seizure and Disposition of Ani~nal. The Department is authorized to seize an animal as provided in Section 14, when the owner has not complied with the written order and the time for filing a challenge has expired. Section 14. Seizure and Disposition of Animals. (1) Authority to seize animals. In addition to any other authority or procedure authorized by this Ordinance or by any other law to seize an animal, the Department shall have the authority to summarily seize any animals from premises when the Department determines that the animal is in the surrounding circumstances is dangerous to the public safety or public health, or to seize an animal at any other time, when so authorized in this Ordinance. (2) (3) (4) (5) The written order shall explicitly state that the Department has the authority to terminate ownership rights of the animal, including the possible humane destruction of the animal, if there is a failure to comply with the written order, or unless otherwise directed by court order. Obligation of Owner to Comply with Seizure Order. When the Director/ Supervisor serves the owner with an order to seize an animal, it shall be unlawful for the owner to fail to comply with the order or to interfere with the Animal Control Officer. A Challenge to the Seizure Order. If the owner wishes to challenge the seizure order, then the owner must submit in writing the basis of the challenge within five (5) days of the seizure of the animal, not counting the day of seizure of the animal. The challenge must be filed with the office of the Animal Control Department. The Director/Supervisor is authorized to hear and decide the challenge to the seizure order in the same manner as provided for in Section 12. The Department has the obligation to make reasonable efforts to notify the owner. Owner's Redemption of Animal. The owner is entitled to redeem the animal, unless the Director/Supervisor retains the animal upon some other basis of legal authority, by paying all applicable fees, citation fees, boarding fees, and other costs that are attributable to the seizure of the dog, and complying with any outstanding Department order. Owner's Posting of a Bond. If the Director/Supervisor has seized an animal as authorized by this Ordinance, or for any other legally authorized seizure and confinement of an animal, and the Director/ Supervisor determines that the Department's retention of any animal so seized by the Department, might extend beyond five days, then the Director/Supervisor shall be authorized to require the owner to post a bond or to deposit cash within a reasonable time to cover the boarding costs for the animal and any foreseen, reasonable veterinarian fees required by law or deemed necessary for the animal during the period of confinement.