6.10.090 Habitual violations.
(1) If, within any 12-month period, a person has received three notices of infraction for violations of this chapter, the animal control officer may serve a written abatement notice on the person or upon the owner/keeper of the animal that is the subject of the notices of infraction. No notice of infraction which a person has properly responded to and is actively pending, or that was decided on the merits adversely to the city, shall be included among the three notices of infraction. Service of the abatement notice shall be accomplished by issuing a notice of violation and order to correct pursuant to Chapter 1.25 ECMC.
(2) The notice of violation shall, at a minimum:
(a) Identify the three notices of infraction;
(b) Identify the provision of this chapter that authorizes the abatement notice; and
(c) Describe what the person receiving the abatement notice must do to comply with its terms and the deadline for doing so. This may include permanently transferring ownership, custody and control of the animal to another person not related to or residing with the person receiving the notice; removing the animal from the city; or humanely causing such animal to be euthanized.
(3) The person receiving the abatement notice shall, upon request of the animal control officer, provide the animal control officer with a written statement signed under the penalty of perjury, stating how the person has complied with such abatement notice. Such person shall provide the animal control officer such other information as the animal control officer reasonably needs to substantiate compliance with the notice.
(4) In the event that the person receiving the abatement notice should fail to comply therewith, and in the further event that such person should not file a notice of appeal of such abatement notice as herein provided, or in the event that such person should fail to comply with such notice of abatement following affirmance thereof by a court, the animal which is the subject of such notice of abatement shall be deemed to be a public nuisance and it may be seized, impounded and disposed of as provided in this chapter; provided, however, that the owner/keeper of such animal shall not be entitled to redeem such animal after such seizure and impoundment. (Ord. 552 § 1, 2019; Ord. 548 § 1, 2019)