§ 44.2. RELOCATION OF PERMIT.

(a) The Department may, after conducting a hearing, revoke a breeding permit for violations of the provisions of Sections 42 through 44.5 of the San Francisco Health Code. Within five days of the Department's knowledge of any such violations, a hearing officer, who is any designated representative of the Department of Animal Care and Control or the San Francisco Police Department, shall notice the owner, guardian or keeper of the pit bull in writing that s/he is in violation and subject to penalties under this ordinance, including revocation of his/her breeding permit. Unless the hearing is waived by the owner, guardian, or keeper of the dog, or the hearing is scheduled on an agreed-upon date, the hearing officer shall fix a time not less than ten or more than 30 days from the date of the violation notice. The hearing officer shall fix a place for said hearing and cause all parties to be notified, not less than five days before the date of such hearing. The hearing may be informal and the rules of evidence not strictly observed. Within fifteen days following the hearing, the hearing officer shall issue his/her decision to all parties. The decision of the hearing officer is final. Upon a finding of a violation, the hearing officer may impose appropriate remedies on the owner, guardian, or keeper. Any violation(s) may also be considered in future permitting decisions.

(b) After the Department has issued a permit, it may revoke the permit pursuant to procedures set forth in Section 44.2(a) if a subsequent inspection of the premises under Section 44.1(c) reveals the area to be below the standards required for the permit, or if the owner, guardian or keeper cannot be contacted for an inspection within two weeks of the Department's initial attempt, or if the owner, guardian or keeper refuses the Department access for an inspection. If the dog is already pregnant or the puppies are born, the Department may, pending a hearing, impound the pit bull and/or its puppies in accordance with Section 41.7(a) of the San Francisco Health Code. After a hearing, the Department may fine the owner, guardian or keeper an amount not to exceed $500, permanently confiscate the puppies and dispose of them in accordance with Section 41.9 of the San Francisco Health Code, and consider the violation in future permitting decisions.

(Added by Ord. 268-05, File No. 051607, App. 11/22/2005)