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HomeMy WebLinkAbout4067 Ordinance ORDINANCE NO. `7-O(.i7 AN ORDINANCE of the City of Pasco, Washington, Repealing PMC 3.07.020(E) "Misc. Fees" and amending 8.02.320 "Potentially Dangerous and Dangerous Animals. WHEREAS, the Courts have determined that the City cannot charge for Administrative Appeals, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.020 E) entitled "Misc. Fees" of the Pasco Municipal Code, shall be and hereby is repealed in its entirety, which, pursuant to RCW 35A.13.190, such said subsection is set forth below. E) Misc. Fees 1) Appeal Filing Fee $ 50.00 8.02.320 2) Appeal Filing Fee Hearing $150.00 8.02.320(b) Section 2. That Section 8.02.320 entitled "Potentially Dangerous and Dangerous Animals"of the Pasco Municipal Code, shall be and hereby amended as follows: 8.02.320 POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS. (3) Appeal: Any owner of an animal subject to this section, may appeal the determination of the poundmaster to the Hearing Examiner for determination provided the appeal is made in writing - . . .. . _ . . - -- .. . . - - - • . written in Section 3.07) and filed with the City Clerk within ten (10) days of the poundmaster's determination. The hearing shall be scheduled within seven (7) days of the date of service of such notice and the decision of the poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner,pending the appeal. a) If the Hearing Examiner finds insufficient evidence to support the Declaration, the Declaration shall be rescinded and the restrictions imposed thereby annulled„ and the appeal filing fee refunded. All impound fees are the responsibility of the owner of the animal, no animal impound expense and fee(s) shall be assessed against the City of Pasco or the animal control authority or officer. b) If the Hearing Examiner finds sufficient evidence to support the declaration, he / she shall impose hearing costs on the appellant (as written in Chapter 3.07), restitution if applicable, and may impose reasonable additional restrictions on the animal. Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Cowc`il of th City of Pasco, Washington, and approved as provided by law this day of Tf V r5 , 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. err, City tto ey