Brevard County |
Code of Ordinances |
Chapter 14. ANIMALS |
Article III. ANIMAL CARE FACILITIES |
Division 2. LICENSE |
§ 14-118. Denial or revocation; procedure upon violation.
(a)
No animal care facility license shall be granted or issued to a person who has been charged with and convicted of charges of animal cruelty. Such automatic denial shall extend to corporations, companies, partnerships, joint ventures, professional groups or associations which include a person so described.
(b)
If any inspection by the county health department reveals that any animal care facility has not complied with the provisions of this article, the county health department shall notify the owner or operator by certified mail, return receipt requested, or by personal service. Such written notice shall specify that the animal care facility's license is being denied or revoked, and shall specify the grounds upon which the license is being denied or revoked. All items of violation or noncompliance with the provisions of this article shall constitute grounds for denial or revocation of a license. The notice of violation shall state that the license shall be automatically denied or revoked if the listed items of violation or noncompliance are not corrected within five days of the date of receipt of the notice by the operator.
(c)
The owner or operator may request within five days of the date of receipt of the written notice of violation a public hearing with the county health department, concerning the violations or items of noncompliance contained in the notice of violation. Failure of the owner or operator to request such public hearing, or to abate and correct such violations so as to fully comply with all the provisions of this article within the five-day period specified in the notice of violation shall result in automatic revocation of the animal care facility license with no further administrative right of appeal or review. The request for a public hearing shall be in writing, and shall be served upon the director of the county health department or an agent designated by him in the notice of violation, within the five-day period. All such hearings shall be held by the director of the county health department, or any agent designated by him, within 15 days of receipt of a request for hearing. Notice of the time and place for the hearing shall be given to the owner or operator of the animal care facility at least five days prior to the date of the hearing. Upon the conclusion of the hearing, the county health department shall affirm the items of violation and noncompliance specified in the notice of violation, or modify the notice of violation in whole or in part, or discharge the notice of violation in whole or in part, or set a time certain for the abatement or correction of the violations and full compliance with all the provisions of this article, or take such other action as is deemed necessary and proper to compel compliance with the laws of the state and the county.
(d)
In the event of revocation of a license pursuant to the provisions of this section, it shall be unlawful to operate the animal care facility unless a new license is obtained under the provisions of this division.
(Code 1979, § 7-65)