(a) Time for noting appeal. Except as provided in Section 5-104(a), a person aggrieved by a decision of the Executive Director or an animal control officer may appeal the decision to the Board within 5 days after the Executive Director or the animal control officer notifies the owner about the decision. The Executive Director or animal control officer must not dispose of the animal during the 5-day period for filing an appeal, or while an appeal is pending, unless authorized to do so under this Chapter.
(b) Burden of production. Notwithstanding the provisions of Section 2A-8(d), the Appellant has the burden of going forward with the production of evidence before the Board.
(c) Filing fee. In addition to any other requirement imposed by this Section, the owner appealing a decision of the Executive Director or an animal control officer must pay a filing fee established by executive regulation. The Board or the Executive Director may waive the filing fee in response to an appellant’s request.
(d) Board’s decision. The Board may modify a decision of the Executive Director or an animal control officer only if the appellant proves by a preponderance of the evidence that the decision was arbitrary, illegal, or not based on substantial evidence. The Board must issue a written opinion explaining the factual and legal basis for its decision.
(e) Boarding of animal – pending Board decision. If the owner timely appeals an impoundment or seizure, the owner may also seek review of the Executive Director’s determination of boarding costs by filing an appeal with the Chief Administrative Officer within 5 days after the Executive Director issues a demand for prepayment. The Chief Administrative Officer, or a designee, must review the Executive Director’s decision within 2 business days after receiving the appeal. The owner must provide the Chief Administrative Officer with information sufficient to show that requiring prepayment of boarding costs would be a serious financial hardship on the owner. The Chief Administrative Officer may ask the owner to provide additional information at an informal hearing conducted in person or by telephone. The Office must not require the owner to prepay any boarding costs pending the Chief Administrative Officer’s decision. The Chief Administrative Officer may make any decision the Executive Director could have made such as requiring the owner to prepay boarding costs retroactive to the initial boarding date of the animal, posting a bond, or placing the animal in a suitable facility at the owner’s sole expense. The owner may ask the Board to review the Chief Administrative Officer’s decision regarding prepayment of boarding costs as part of its review of the underlying appeal.
(f) Boarding of animal – after Board decision. The owner must pay any boarding costs for the animal before and during any appeals, or if the Board allows, post a bond to pay these expenses if the owner does not prevail in the appeal.
(g) If the owner does not meet the requirements of this Section, including any requirement to prepay boarding costs, the animal must be treated as abandoned and becomes the County’s property. (1999 L.M.C., ch. 10, § 1; , § 1; 2020 L.M.C., ch. 18, §1.)
Editor’s note—Section 5-306 is interpreted in Coroneos v. Montgomery County, 161 Md. App. 411, 869 A.2d 410 (2005).
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