§ 10-7.5. Hearings.

(a)

Administration of hearings. Any hearings or appeals requested under Chapter 10 of the Code of Ordinances for the City of Quincy, Florida, will be scheduled and held by the code enforcement board.

(b)

Notice of hearings. Upon receipt of a timely, written request for a hearing, the code enforcement board shall schedule a hearing to be held as soon as possible and provide the owner of the dog initially classified as vicious or the owner of a dog confiscated pursuant to section 10-7(i) or (j) with no less than ten calendar days written notice of the time, date and place of the hearing, which shall be held not more than 21 calendar days from the date the code enforcement board receives the owner's request. The notice of hearing shall be sent to the owner by certified mail return receipt requested.

(c)

Hearing procedures.

(1)

Each party shall have the following rights:

a.

To be represented by counsel;

b.

To call and examine witnesses;

c.

To introduce exhibits;

d.

To examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination;

e.

To impeach any witness regardless of which party first called the witness to testify.

(2)

All hearings shall be conducted, insofar as is practicable, in accordance with the Florida Rules of Civil Procedure and the Florida Evidence Code. However, the general nature of the hearing will be held in an informal manner.

(3)

Any interested party or person may make application and upon good cause shown, may be allowed within the discretion of the members of the code enforcement board to intervene and appear in a proceeding pending before the code enforcement board.

(d)

Subpoenas.

(1)

The code enforcement board has the power or authority to issue subpoenas to compel the attendance of witnesses at a hearing upon the written request of any party or upon the board's own motion.

(2)

A subpoena may be served by any person authorized by law to serve process. Service shall be made as provided by law.

(3)

Any person subject to a subpoena may, before compliance and on timely petition, request the code enforcement board to invalidate the subpoena.

(4)

A party may seek enforcement of a subpoena issued under the authority of this chapter by filing a petition for enforcement in the municipal court. Failure to comply with an order of the court shall result in a finding of contempt of court. However, no person shall be in contempt while a subpoena is being challenged under subsection (d)(3).

(5)

If a party willfully fails to testify when duly subpoenaed, the code enforcement board may:

a.

Order that the matters regarding which the questions were asked or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

b.

Render a judgment by default against the disobedient party.

(6)

Witness fees shall be paid as provided by law.

(e)

Evidence.

(1)

In any hearing before the code enforcement board, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by a reasonably prudent person in the conduct of their affairs shall be admissible, whether such evidence would be admissible in a trial in the courts of the State of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(2)

Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(3)

A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.

(4)

The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.

(5)

The code enforcement board shall ensure that a full record of the hearing is preserved, which record shall be made public and open to inspection and transcription by any person.

(f)

Written determinations of the code enforcement board.

(1)

After due public hearing, the code enforcement board shall issue a determination based upon the preponderance of the evidence. The board shall bear the burden of establishing the viciousness of the dog; and the owner shall bear the burden of establishing any legal defense to the classification of viciousness.

(2)

All determinations of the code enforcement board shall be in writing, and signed and dated. It should include findings of fact and conclusions of law, and shall be served upon the owner by registered mail, certified hand delivery, or service in conformance with F.S. ch. 48. If the code enforcement board upholds the initial classification of viciousness, the owner shall comply with the subsection 10-7(f) within 14 calendar days of the board's determination; or in the event of any appeal of said determination to a court of competent jurisdiction, within 14 calendar days of a decision adverse to the owner. Any owner may file a written request with the municipal court of the City of Quincy to appeal the determination of the code enforcement board within ten business days of the receipt of the determination.

(Ord. No. 917, § 8, 1-9-01)