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shall be and hereby is repealed in its entirety, which, pursuant to RCW 35A.13.190, such said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Declaration shall be rescinded and the restrictions imposed thereby annulled„ and the appeal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