§ 5-38. Variances; appeals.

(a)

Variances. Variances may be granted by animal control officer in cases where undue hardship would result from the strict enforcement of this chapter and where the protection of the health and well being of the citizens of the City of Cartersville can be achieved with reasonable mitigating actions. Hardships created by action of the applicant shall not be considered as a justification for a variance. Denial of a request for a variance may be appealed to the animal control board by filing a notice of appeal specifying the grounds for appeal with the animal control board within fifteen (15) days of the denial.

(b)

Notice of variance appeal. Persons who appeal to the animal control board the denial of a variance from any requirement of this chapter shall notify adjacent property owners of their application for a variance and the time and location of the hearing on the variance appeal. Adjacent property owners shall be determined by the records of the tax assessor, on the date of the application for variance.

(c)

Appeals. Any person aggrieved by any decision of an animal control officer or other enforcement officer as it pertains to the classification of a dog, a confiscation of a vicious dog, status as or requirements for maintaining wild or exotic animals, or the calculation of costs may appeal the same to the animal control board by filing an appeal with the board on forms furnished by animal control, within five (5) days of receiving notice of the decision.

(d)

Abandonment of appeal. Any person who files an appeal but who, after receipt of notice of the hearing, fails to appear at said hearing shall be deemed to have abandoned the appeal and the decision of the animal control officer shall be affirmed.

(e)

Fees for boarding. The owner filing an appeal shall pay the additional daily boarding fees as established in this chapter during the pendency of the appeal. Failure to pay the fees and costs accessed against the owner, if affirmed by the board, shall constitute an abandonment of any claim to the animal and will result in the animal being placed for adoption or euthanized.

(f)

Finality. All decisions of the board are final.

(Ord. No. 46-12, § 1, 11-1-12)