7.32.030 Forfeiture.
A. Forfeiture occurs when an animal owner loses ownership rights in an animal and the city assumes the right to adopt or otherwise dispose of the animal in a humane manner. Any owner shall forfeit all rights of ownership in an animal under the following circumstances:
1. The owner is convicted of violating WMC 7.20.025;
2. The owner is ordered by the court to forfeit the animal;
3. The owner fails to reclaim an animal running-at-large pursuant to WMC 7.04.100(C)(1) or 7.20.040(E);
4. The owner of an animal subject to supervised quarantine pursuant to WMC 7.24.050 fails to redeem the animal by paying the costs defined in WMC 7.24.050(C);
5. The owner of a classified animal fails to redeem the animal under the conditions of a written release order or refuses to pay fees and expenses incurred during impoundment of the animal in violation of WMC 7.20.040(C) or (E);
6. The owner of a classified animal fails to comply with a conditional release order and the animal is impounded pursuant to WMC 7.20.025(I)(3);
7. An owner of an animal released from protective custody violates the conditional release order issued pursuant to WMC 7.04.100(F)(2); or
8. An animal taken into city protective custody is recommended for forfeiture by the chief animal care and regulation officer.
B. Any forfeited animal shall be subject to the impoundment, adoption, and euthanasia requirements of this title.
C. An animal forfeited pursuant to subsection (A)(1), (A)(2), (A)(4), or (A)(5) of this section is immediately subject to subsection (B) of this section. The chief animal care and regulation officer shall serve the owner of an animal subject to forfeiture pursuant to subsection (A)(6), (A)(7), or (A)(8) of this section a written notice of intent to forfeit. The notice shall be served on the animal owner by personal service or certified mail. If the owner cannot be served, notice shall be given by publication pursuant to Rule 4 of the Alaska Rules of Civil Procedure. Within five business days after service, the animal owner may appeal the forfeiture by filing a notice of appeal with the city clerk or agency authorized by contract with the city. If the animal owner fails to appeal the forfeiture within five business days, the animal is forfeited to the city.
D. Forfeiture Appeals. The city shall appoint a hearing officer under WMC Chapter 2.76 to conduct the forfeiture hearing. Hearings shall be informal, hearsay is admissible and the technical rules of evidence do not apply. A person who requests a hearing may retain an attorney if the person desires. Proceedings of the hearing shall be recorded. The hearing officer shall state on the record the evidence relied on and the reasons for the officer’s determination. The final decision of the hearing officer may be appealed to superior court pursuant to Rule 602 of the Alaska Rules of Appellate Procedure. (Ord. 09-69(AM) § 10, 2009; prior code § 12.40.030)