6.04.050 - Notice of determination.

A.

Service of notice of a determination listed in Section 6.04.040 is complete upon the following:

1.

Upon the owner of an animal licensed in the city, through:

a.

Personal service to the owner,

b.

Mailing a copy via certified mail or other means which requires the recipient's signature; or

c.

Posting in a prominent location at the address listed on that animal's license.

2.

Upon the owner of an animal which is not licensed - and only if that owner's name and address are known by the division:

a.

By mailing a copy of the notification to the owner's last known address;

b.

Upon personal service; or

c.

Posting the determination in a prominent location at that address.

3.

Upon a permitee:

a.

By mailing a copy of the notification to the address listed on the permit or application;

b.

Upon personal service on the permitee or a person left in charge of a permitted facility; or

c.

Posting the notification at the listed address.

4.

When service is accomplished by mail, there is added three additional business days for an appeal from that decision.

B.

Notices of adverse decisions shall state that the person receiving the notice has the right to appeal that decision within ten days from the date of the decision, and shall refer that person to both this section and Section 2.22.040 of the this code. It shall include the procedures associated with filing an appeal with the administrative court.

C.

Owners of animals are responsible for notifying the animal control division of changes to contact information and license information. The failure of an owner to receive a notice, when officers have followed the above procedures, is not a defense to the action and does not increase the time allowed to appeal the animal control official's decision. Extensions of the right to appeal shall only be granted for good cause, as good cause is defined by Utah courts.

D.

If an animal is recovered or captured without a tag, microchip or other proof of ownership, the division is not required to ascertain the owner's identity or provide notice for any action identified in this chapter, and the provisions of [Section] 6.08.080 apply.

E.

A person who fails to timely appeal an animal official's decision waives any and all objections to that decision, and waives any right to appeal that decision to the district court.

(Ord. No. 2015-04, 4-22-2015)