§ 4467-12. Provisional rescission of part or all of order pertaining to barking dog nuisance upon demonstrated and sustained improvement in barking dog.

If no less than two (2) years have passed since the hearing officer's decision and order finding a barking dog to be an animal nuisance, and the dog owner has complied with all the provisions of the hearing officer's decision and order, and the Division has received no subsequent complaints from residents in the dog owner's neighborhood regarding the dog barking, the animal owner may submit a written request for the Division to conduct an administrative review regarding whether there is good cause to provisionally rescind that portion of the hearing officer's decision and order requiring the dog to be licensed as an animal nuisance for the remainder of the dog's life, or any other portion of the hearing officer decision and order, as may be warranted. If, in response to an owner's request, the Division determines after administrative review that there is good cause to provisionally rescind one (1) or more requirements set forth in the hearing officer's decision and order, it will so notify the owner. If the Division thereafter receives two (2) or more complaints from residents in the dog owner's neighborhood regarding the dog barking, the Division may, at its sole discretion and without holding an additional hearing, reverse its provisional rescission of any requirement set forth in the hearing officer's original decision and order.

(Ord. No. 4457, § 1, 12-10-2013)