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HomeMy WebLinkAboutCouncil Packet - 5/6/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, SPECIAL MEETING TO BE HELD AT Harold E. Getty Council Chambers Monday, May 6, 2019 4:40 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 19 Roll Call. Agenda, as proposed or amended. OTHER COUNCIL BUSINESS 1. Hearing to appeal the decision of Waterloo Animal Control to deem a dog dangerous. Motion to open hearing. HOLD HEARING Motion to close hearing. Submitted By: Kelley Felchle, City Clerk ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 2 of 19 CITY OF WATERLOO Council Communication Hearing to appeal the decision of Waterloo Animal Control to deem a dog dangerous. City Council Meeting: 5/6/2019 Prepared: 5/6/2019 REVIEWERS: Department Reviewer Cki k Office f,' enl , K -I ey ATTACHMENTS: Description D .Dog Bate Inck 111 e m is D I..xtter deeming dog n dangerous D M oschk.e A,: peal 1 tt r 4-16-19 • .Appeal nee' 4-2)- 9 D .m.nistrat.: ,ve rocedures SUBJECT: Submitted by: Recommended Action: Action Date A pprove,. 311/2 Motion to open hearing. HOLD HEARING Motion to close hearing. Type Backup mp :ateri . cut at(sill 1::° v kap ;temr is . :. ck m,p .M ateria :. ,, :u.p Material Submitted By: Kelley Felchle, City Clerk :2 Council will need to open the hearing, hear evidence from both the city and appellant, allow rebuttal, then close the hearing. Council will then need to make a motion either affirming or reversing the decision of Animal Control. Page 3 of 19 CaseType AC - Case Number Resolution Date Days Open Case Description Activities Animal Control 2019-00002572 0 TAN PIT " SI N" Run by Sonya Snapp on 04/17/2019 03:06:02 PM Date Case Date 04/17/2019 Name Reported By Business Name Central Name Parcel Owner Name Cited Party Name Utility Customer Animal Inspector Phone Number Alternate Phone Email Address Comments Type ACS Sonya Snapp SPOKE TO VICTIM MOTHER, DESHAY OVE. SHE FEELS DEEMING THE DOG FROM 1644 OAKWOOD D CANE US TO BE GOOD ENOUGH AND DOES NOT WANT ANY CITATIONS ISSUED, User Case Datasheet Case Status Active Location Parcel Number Parcel Address Improvement Service Address Master Location Utility Account Location Text 1644 OAKWOOD Cross Streets Mailing Address Business Address Parcel Owner Address Cited Party Address Notes/Activity Page 4 of 19 Page 1ofJ. CaseType AC - Animal Control Case Date 04/16/20 9 Case Datasheet Status Active Case Number Resolution Date Days Open Case Description Activities 2019-00002536 0 TAN PITBULL "SIMON" Name Reported By Business Name Central Name Parcel Owner Name Cited Party Name Utility Customer Animal Inspector Phone Number Alternate Phone Email Address Comments Date Type ACS Sonya Snapp 883-0797 OWNER BRIAN MOSCHKE WAS PRESENTED WITH Ll i ER OF INTENT TO DEEM "SIMON DANGEROUS ON 4-10-19 WHICH HE SIGNED. User Location Parcel Number Parcel Address Improvement Service Address Master Location Utility Account Location Text 1644 OAKWOOD Cross Streets Mailing Address Business Address Parcel Owner Address Cited Party Address Notes/Activity Run by Sonya Snapp on 4/16/2019 01:14:46 PM Page 5 of 19 Page CaseType Case Number Resolution Date Days Open Case Description Bite - Bite Case 2018-0000492g 293 NM TAN & WHT PIT "SIMON" Activities _un by Brian Boesen on 04/17/2019 07:27:36 AM Date Case Date 06/28/201 Name Reported By Business Name Central Name Parcel Owner Name Cited Party Name Utility Customer Animal Inspector Phone Number Alternate Phone Email Address Comments ype ALLEN ER, Brian Boesen 235-3697 VICTIM: DENNIS PATTERSON 4-11 -40 319-240-8111. 307 CANDLEWICK WAS OUT WALKING &STOPPED TO VISIT WHEN A 3Y0 LET SlivlON OUT AND HE RAN UP & BIT HIM ON HIS (R) FOREARM. OWNER: CARRIE MOSCHKE 319-429-3697 4Y0 NM TAN &WHT PITBULL SIMON" VALID RABIES SHOT HUDSON VET THRU 12-5-20 HOME QUAR THRU 7-8-18 CL 2018D2872 User Case Datasheet Case Status Active Location Parcel Number Parcel Address Improvement Service Address Master Location Utility Account Location Text 1644 OAKWOOD Cross Streets Mailing Address Business Address Parcel Owner Address Cited Party Address Notes/Activity Page 6 of 19 Page 1 of 1 STAFF TO COMPLETE FAX TO: 319.291-4004 Call for Service W2018-00004929 y. Waterloo/Cedar all Bi e e o Name of Victim: DENNIS [IS P, TTE S N Phone: 319-240-8;111 w DOB: 4-11-40 Sex: M IF El Address: 307 CANDLEWICK RD City: WATERLOO L State: IOWA Parent(s)(if (if under 18) Phone: Alternate addressor phone number: Description of Wound (Location on oder, Severity, Number of itesETC) FOREARM Did bite draw blood: Y ' !N 0 Victi treated: Y N Date of Bite: 6-28-18 Time: 0915 Name and Location of Provider: DR FANG G AI" , ALLEi! EIS Phone: 319-235-3697 Exact Address where bite took place: 1644 OAKWOOD D� Species: Dog Cat 0 Other ElP e s cri ption: TAN WILT PIT U LL M F El NM ! % SF 0 Age: 4Y0 Na, e: SIMON Owner of animal(s): CAI RIE MOSCHKE Phone: 319-429- 790 Address: 1644 OAMVOOD DR City WATERLOO State: IOWA VetM HUDSON Phone: 319-988-3225 Date vaccination given: 12-5-17 Date of expiration: 12-5-20 Verified by: BRIAN Descriptio of incident: PT WAS WALKING TPPEr OUT FRONT VISITING HEN A 3Y0 OPEN THE FRONT DOOR AND SIMON RAN OUT BITTING HIM Report taken by: RACHAEL LINDAMAN RN Date: 6-28-18 Imre: 0922 For Animal Control to Complete: A irr al s to be uarantined at: HOME, E Until: 7-8-18 Ordered by: ACS Report made by: B BOESEN Date: -28-18 Time: 1605 ANIMAL CONTROL._ HONE: 31 83-0797 092116 Page 7 of 19 ANIMA CONTROL SERVICES HOME QUARANTINE INSTRUCTIONS Because you have provided, all the rfecessary information on your anirnal(s) and have - agreed to follow the guidellnes set forth below, Animal Control Services for the City of Waterloo have authorized a home quarantine. IF during the quarantine period you are found In violation, the owner will be ordered to have the animal(s) removed and the remainder ofthe quarantine to be done at a veterinary clinic. at the owner cost. 1. Animal must be confined within an escape proof building. Fenced kennels, yards, or tethering do not provide adequate isolation necessary to the quarantine. Animal is to be attended by imnidiate fan* only, ISOLATION FROM THE PUBLIC, Du RING THE umi_g_,ED. 3. lithe anim'al is taken outside WI relieve itself, the animal must be on a str e n g leash and accompanied by a family member over 18 years of age. 4 The quarantineperiod (10) ten days from the date of the bite. The Animal Control Officer will the owner as to the date the quarantine will expire, 5. if the animal shows any indication of illness, listlessness, or temperament changes during the quarantine, the owner must contact their veterinarian and the Animal Control Officer immediate! Co firemen of animal bin erson or sus ected of havingj When a member of the Health, Police, a dior Animal Control department receives information that any person has been bitten by an animal(s), or that an animal is.suspected of having rabies, they shall order the owner to confine the animal(s) in the manner they direct. If the owner fails to confine the animal(s) as instructed, the animal shall be seized and impounded. At the end of the quarantine the animal(s) may he destroyed at the owner(s) cost. If such animal(s) are returned to the owner(s), the owner(s) shall pay all cost associated with the Impoundment, whI, could include pick-ups fees and a boarding.fee. Signature f A Officer Date Page 8 of 19 CaseType Case Number Resolution Date Days Open 237 Case Description TAN NM PIT "SIMON" Bite - Bite Case 2018-00006603 tivities Date Case Date 8/23/201 Name Reported By Business Name Central Name Parcel Owner Name Cited Party Name Utility Customer Animal Inspector Phone Number Alternate Phone Email Address Comments Type UCNC Brian Boesen 226-8420 OWNER; CARRIE LYNN MOSCHKE 6-27-88 319-429-3790 VICTIM: RAYMOND PITTMAN 05-14-09 MOM: LAKEYSHA HOLMES 1550 OAKWOOD, RAYMOND WAS PLAYING IN THE BACK YARD AT THIS LOC 8x. ONE OF THE OTHER KIDS PLAYING LET SIMON OUTSIDE AND NE BIT RAYMOND ON HIS (R) KNEE. VALID RABIES THRU HUDSON EXP 12/5/20 HOME QUARTHRU 8-31- 18 User Case Datashee Case Status Active Location Parcel Number Parcel Address Improvement Service Address Master Location Utility Account Location Text 1644 OAKWOOD Cross Streets Mailing Address Business Address Parcel Owner Address Cited Party Address Notes/Activity Run by Brian Boesen on 04/17/2019 07:33:08 AM Page 9 of 19 Page 1 of 1 STAFF TO COMPLETE FAX TO: 319-291-4094 Cali for Service # W2018-00006603. Waterloo/Cedar Falls ' mkt Name of Victim: RAYMOND PI r 1MAN Phone: DOB: 5-14-09 Sex: M F LI Address: 1650 OAKWOOD DR City: \NATE' LOO State: JA IC • ort Arlk 110, Parent(s)(if under 18) LAKEYSHA HOLMER Phone: 319-229-3446 Alternate address &tor phone number: Description of Wound (Location on Body„ Severity, Number of Bites, ETC): TOOTH PUNCTURE KNEE Did bite draw blood: Y N R Victim treated: Y N Date of ;ite: 8-22-18 Time: 1642 Name and Location of Provider: KATIE HOOVER ARNP UCNC Phone: 319-226-842Q Exact Address where bite took place: . 1644 OAKWOOD D Species: Dog M 1 F • NM SF 0 Age: Name: SIMON Cat El Other IR Description: TAN PITBULL Owner of animal(s): KARRIE MOSCHKE Phone: 319-429-379Q Address: 1644 OAKWOOD DR City WATERLOO State: IA Vet: HUDSON Phone: 319-988-3225 Date vaccination given: 12-5-17 Date of expiration: 12-5-20 Verified by: OFFICER B BOESEN Description of incident: RAYMOND WAS PLAYING! THE BACK YARD AND ONE OF LHE OTHER KIDS THERE OPENED THE HOUSE DOOR ANI LET SIMON OUT AND RAYMOND GOT THE PUNCTURE WOUND TO THE ® KNEE Report taken by:ASHLEY EIGHMEY LPN Date:, 08-22-18 Time: 1642 For Animal Control to Complete: Animal(s) to be quarantined at: SISTERS HOME © 754 KERN ST WATERLOOJA. Until: 8-31-18 Ordered by: ACS Report made by: OFFICER B BOESEN ate: 08-24-18 Tirhe: 1652 ANIMAL CONT 0 PHONE: 319-883-0797 092116 Page 10 of 19 IMAL CONTROLSERVICES HOME' QUARANTINE i `INE lNST U Tl S . Because you have provided, all the irecessary inf rn aiticn on your animal(s) and havEi agreed to follow the guidelines set forth below, Animal Control Services for the city of Waterloo have authorized a home quarantine. IF during uaranine period you' found in violation,- the owner will be ordered to have the animal(s) removed and the remainder ofthe quarantine to done, at a veterinary elini"at the owners cost. 1. g� Animal must confined within escape proof buldln 'Fenced kennels;yards, pr tethering do not provide adequate isolation necessary to the quarantine, 2. Animal' is to be attea e ' i�ewae f�i�y on�� i��oi`I+I FROM Til.E PUBLIt DURING Ti l S.UARANT1NE MUST OL E if the animal is taken outside td relieve itself, the animal must be o'n a strtn g leash and accom anied by family met ber over 18 years of age. 4. The quarantine period. (10) ten days from the date of the bite. The Animal Control Officer wilLnotlfy the owner as to the date the quarantine will expire. . v if the animall.shoWs any indication of Illness, listlessness, or temperament changes during the quarantine, the owner must contact their veterinarian and the Animal Conti -61 Office immediate! Confinement of animal hiti r -son r :sus • ected' of hair rables When a member of the Health, Police, and/or Arun 1 Controldepartment receives information that any person has been bitten by an animal(s), .or that an anirtalis,sus ected" . of having rabies, they shall order the owner to confine the a imal(s) in the manner they direct. If the owner fails to confine the animal(s) as instructed, the animal shall be seized and impounded. At the end of the quarantine the anirnal(s) may be destroyed at the o ner(s) cost. It such anis .a -its) are returned to the owner(s), the owner(s) shall pay all cost oe ted with the Impoundment, which could include pick-ups.f'ees and a boaidinglee. Signature of ACS officer. . Date Page 11 of 19 _ - te rioo CaseType Case Number Resolution Date Days Open 8 Case Description TAN PIT 5 YO NM "SIMON" Bite - Bite Case 2019-00002464 Activities Date Case Date 04/08/2019 Name Reported By Business Name Central Name Parcel Owner Name Cited Patty Name Utility Customer Animal Inspector Phone Number Alternate Phone Email Address Comments pe ALLEN ED Brian Boesen 235-3597 CNNT TO PREy CFS ti -is 2018- 00004929 & 6603 VICTIM: 6 Ye TRAYLYNN HENLEY 9-1-12 1680 OAKWOOD MOM: DeSHAY GROVE 404-9552 VICTIM WAS PLAYING ON SWING SET AND DOG WAS LEI- OUT & BIT HER. OWNER: CARRIE & BRIAN MOSCHKE 429-3790 VALID SHOT HUDSON 12-5-20 QUAR AT BROOKSIDE THRU 4-17- 19. User Case Datasheet Case Status Active Location Parcel Number Parcel Address Improvement Service Address Master Location Utility Account Location Text Cross Streets Mailing Address Business Address Parcel Owner Address Cited Party Address Notes/Activity OAKWOOD Run by Sonya Snapp on 04/16/2019 01:12:07 PM Page 12 of 19 Page 1 of 1 STAFF TO CO PLETE FAX TO: 319-291-4094 410 Call for Service #W2019-00002464 Waterloo/Cedar Falls • nte Name of Victim: TRAYLYNN HENLEY Phone:, DOB: 9-7-12 Sex: M E F Address: 1680 OAKVVOOD DR City: WATERLOQ State: IA Parent(s)(if under 18) DeSHAY GROVER Phone: 404-9552 Alternate address &for phone number: Description of Wound (Location on Body, Severity, Number of Bites, ETC): (L) CALF Did bite draw blood: Y N Ll Victim treated: ¥ N Date of Bite: 4-8-19 Time: 1845 Name and Location of Provider: ALLEN ED Phone: 2 5-3697 Exact Address where bite took place: 1644 OAKWOON Df Species: Dog 10 Cat El Other Ei Description: TAN PIT MI„,;( ML] FEZ] NM SF U Age: j ame: SIMON Owner of animal(s): , CARRIE & BRIAN MOSCHKE Phone: 429-3790 Address: 1644 OAKWOOD DR City: WATERLOO .State: IA, Vet: HUDSON Phone: 988-3225 Date vaccination give : 12-5-17 Date of expiration: 12-5-20 Verified by: THRU CITY LIC REGISTRATION Description of incident: PT WAS PLAYING ON SWING SET WHEN SOMEONE LET SIMON OUT OF THE HOUSE ANI SHE WAS BIT Report taken by: JOAN R. RN Date: 4-8-19 Time:, 1906 For Animal Control to Complete: Animal(s) to be quarantined at: BROOKSIDE VET Until: 4-17-19 Ordered by: ACS Report made by: S SNAPP Date: 4-11-19 Time: 1300 ANIMAL CONTROL PHONE: 319-883-0797 092116 Page 13 of 19 Artpor QUENTIN HART COUNCIL MEMBERS • 0 4 0 0 0 0 • 0 MARGARET KLEIN !Vaal BRUCE JACOBS Ward 2 PiVIIUCK MORRISSEY 'Vaal 3 JEROME AMOS, JR, l'ard 4 RAY FUESS Irani 5 SHARON JUON SiE V E sciimirr At -Large V111111111', IT .11,1* L II LOC 0 S OViSiO 625 Glenwood Street Waterloo, IA 60703 Street: (319) 291-4267 Fax (319) 291-0264 Sanitation: (319) 291-4455 Central Garag4: (319) 291-4445 Fax (319) 291-3825 Traffic Operations (319) 291-4440 Fax: (319) 291-4094 Animal Control (319) 291-4440 #4 Sandie Greco —Traffic Operations and Animal Control Director April 9, 2010 Ms. Cherish Moschke 1644 Oakwood Drive Waterloo, Iowa 50703 Dates of Incidents: June 28, 2018; August 23, 2018 and April 8, 2019 June 28, 2018, a neutered male Pit Bull "Simon" bit a child while swinging in the backyard of 1644 Oakwood Drive. August 23, 2018, the same dog ran out of the front door and bit an individual walking on the sidewalk. April 8, 2019 at 6:45 PM Traylynn Henley was bit on the leg at the same address by "Simon". These three (3) attacks were unprovoked and happened within a 10 month period. After investigating the incidents that took place, it has been determined to deem "Simon", the neutered male Pit Bull, residing at 1644 Oakwood Drive, "DANGEROUS VICIOUS" as defined by Ordinance Article -5-1z-1: Definitions You are now required by the City of Waterloo to comply with ordinance 5-1 -2 "Keeping of Dangerous Animals Prohibited: Exceptions" The dog must be quarantined with a licensed veterinarian or the Cedar Bend Humane Society at owner's expense for 10 days from the date of the attack. If you wish to appeal the decision, a bond must be posted with the City Clerk, 715 Mulberry Street, in the a ount of $450.00 within seven (7) days. Signature of Owner: ACS Officer: Date' cc: Dave Zollheofer, City Attorney File WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Date: If Page 14 of 19 STAFF TO COMPLETE FAX TO: 319-291-4094 ANI A Call for Service # W2019-00002464 CONTRO SERVICES Waterloo/Cedar Falls Bite Re.o Name of Victim: TRAYLYNN HENLEY Phone: DOB: 9-7-12 Sex: M 0 F Address: 1680 OAKWOOD DR City: WATERLOO State: IA Parent(s)(if under 18) DeSHAY GROVER Phone: 404-9552 Alternate address &/or phone number: Description of Wound (Location on Body, Severity, Number of Bites„ ETC): L CALF Did bite draw blood: Y N 0 Victim treated: Y12 N El Date of Bite: 4-8-19 Time: j845 Name and Location of Provider: ALLEN ED Phone: 235-3697 Exact Address where bite took place: 1644 OAKWOOD DR Species: Dog Cat 0 Other 0 Description: TAN PIT M 0 F El NM SF El Age: 5 Name: SIMON Owner of animal(s): CARRE & BRIAN MOSCHKE Phone: 429-3790 Address: 1644 OAKWOOD DR City: WATERLOO State: .1A Vet: HUDSON Phone: 988-322 Date vaccination given: 12-5-17 Date of expiration: 12-5-20 Verified by: THRU CITY LIC REGISTRATION Description of incident: PT. WAS PLAYING ON SWING S.T WHEN SOMEONE LET SIMON OUT OF THE HOUSE AND SHE WAS BIT Report taken by: JOAN R. RN Date: 4-8-19 Time: 1906. For Animal Control to Complete: Animal(s) to be quarantined at: . 130OKSIDE VET Until: 4-17-19 Ordered by: ACS Report made by: S SIOPP Date: 4-11-19 Time: 1300 ANIMAL CONTROL PHONE: 319-883-0797 092116 Page 15 of 19 WA GO I S .6666,.„rn 71 e-tJ iA e)SC 1/1 6", (2? 6,0C.fb 6-24 q -- (,c, c-6 Le 6 1, 6 ALL,„1:1) Page 16 of 19 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON JUO At -Large STEVE SC MITT At -Large A Ci y Cle 'sOffice April 25, 2019 Cherish Moschke 1644 Oakwood Drive Waterloo, IA 50703 319-296-8159 RE: Dangerous Dog Appeal Ms. Moschke: I am in receipt of your filing fee, bond, and letter dated April 16„ 2019 requesting to appeal the decision of Waterloo Animal Control to deem your Pit Bull named Simon a Dangerous Dog. Your appeal hearing with the Waterloo City Council is scheduled for thirty minutes on May 6, 2019 at 4:40 p.m. in the City Council Chambers located on the second floor of City hall, 715 Mulberry Street, Waterloo, TA 50703. Regards, Kelley Felchle City Clerk CC: Sandie Greco Sonya Snapp Dave Zellhoefer Mayor Quentin Hart Waterloo City Council members o 715 Mulberry Street, Waterloo, Iowa 5070 19-291-4323 Page 17 of 19 City of Waterloo City Clerk & Finance Office 715 Mulberry Street Waterloo, Iowa 50703-5783 RETURN SERVICE REQUESTED Cherish Moschke 1644 Oakwood Drive Waterloo, IA 50703 R sT_s L As smAls = Co 0) co el 5i 12: ADMINISTRATIVE PROCEDU ES: A. Notice: Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have •een delivered at the time of personal delivery, three (3) business days after the date of mailing, or one business day after posting. B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the state of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in subsection 5-1-1E of this chapter, through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: I. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. 2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. if the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. (Ord. 5204, 3-10-2014) Page 19 of 19