Asotin Code Section 624015

Summary

The Asotin municipal code 6.24.015(b) outlines procedures for handling habitual animal complaints. It requires a written complaint, a determination, and an appeal process. Concerns arise if the determination is based solely on a written complaint without evidence, potentially violating due process. Due process typically requires notice, an opportunity to contest, a fair hearing, and evidence. If you believe your rights were violated, consider consulting a local attorney. You can challenge the procedure in Asotin District Court by documenting everything, filing an appeal, and seeking legal representation. If a motion to dismiss was denied, review the judges decision and consult your attorney for further guidance.

Full Conversation

Please review Asotin municipal code *.*.* and tell me if part b is legal.
Hi ****! I'm happy to help you with that. First, I need to look up the specific municipal code for Asotin. Could you please provide the exact text of part b of Asotin municipal code *.*.*? That way, I can give you a more accurate response.
Yes, here are parts a and b.
Great, ****! Please go ahead and provide the exact text of parts a and b of Asotin municipal code *.*.*.
Sorry it doesn’t fit so I’ll post a then b
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Hi ****! Please go ahead and provide the text for part a of Asotin municipal code *.*.* first. Once we have that, you can share part b. This will help me understand the context better.
Sorry but a won’t even fit. I guess I’ll post only b
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Hi ****! Please go ahead and provide the exact text of part b of Asotin municipal code *.*.* so I can help you determine its legality.
B. When a written complaint is received by the city or animal control authority, a letter of determination must be served upon the animal’s owner. If the owner wishes to contest this determination of a habitual offender of animal complaints, a written request for hearing shall be presented to the city clerk within three working days of the notice, excluding holidays. The appeal will then come before the mayor to adjudicate the complaint of habitual offender of animal complaints within seven days. In the event the appeal finds by clear and convincing evidence that the complaint is valid, the dog or animal complained of shall be, by order of the city, classified as a habitual offender and the city shall order the owner of the dog or animal to comply with this chapter. Any further appeal of this determination must be brought forth and adjudicated in Asotin district court. (Ord. *-*, *)
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Hi ****! Based on the text of part B of Asotin municipal code *.*.*, it outlines the procedure for handling complaints regarding habitual offenders of animal complaints. Generally, such procedures are legal if they comply with due process requirements.
- Notice to the owner
- Opportunity to contest
- Hearing within a reasonable time
- Appeal process
If you believe your rights are being violated, you may want to consult an attorney.
Is there a specific part of this procedure you are concerned about?
A determination MUST be made fillwed immediately by “ if you wish to appeal “ and no mention of a need for evidence.
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Hi ****! Based on what you've shared, it seems like you're concerned about the lack of mention about the need for evidence in the appeal process.
- Typically, due process requires that the determination be based on evidence.
- You could argue that the code should explicitly mention the need for evidence to ensure fairness.
Would you like more specific information on how to appeal this determination in Asotin?
What was the determination based on?
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Hi ****! The determination was likely based on the written complaint received by the city or animal control authority and the findings from the appeal process before the mayor. Generally, due process requires that decisions be based on clear and convincing evidence. If you believe this wasn't followed, considering legal advice might be beneficial.
Is a written complaint sufficient evidence to find guilt?
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In general, a written complaint alone is not typically sufficient evidence to find guilt. Due process usually requires:
- Notice of the complaint
- An opportunity to contest the complaint
- A fair hearing where evidence is presented
Would you like more information on how to appeal or contest this determination in Asotin?
Is it legal to make the determination based only on a written complaint?
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Hi ****! Generally, a determination based solely on a written complaint without additional evidence may not meet due process requirements. Due process typically involves a fair hearing where evidence is presented and the opportunity to contest the complaint.
Would you like more information on how to appeal or contest this determination in Asotin?
Should I have to appeal a determination made illegally?
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Hey ****! If the determination was made without proper due process, such as relying solely on a written complaint without a fair hearing or evidence, you might have grounds to appeal. Appealing can challenge the legality of the determination and ensure your rights are protected.
Would you like more information on how to proceed with the appeal in Asotin?
Yes
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To proceed with an appeal in Asotin, you need to follow specific steps:
- Submit a written request for a hearing to the city clerk within three working days of the notice.
- The appeal will be scheduled before the mayor within seven days.
- If the appeal is unsuccessful, you can further appeal in Asotin district court.
Would you like more specific details on how to submit your appeal?
I did that and the clerk wrote me a letter saying there was nothing to appeal
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Hi ****! If the clerk stated there is nothing to appeal, it might mean the procedure was followed correctly according to their interpretation of the code. However, if you believe your rights were violated, you could consider seeking legal advice.
Would you like to know more about the next steps in this situation or information about local attorneys who can assist you?
I think your interpretation of the law isn’t very just.
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Hey ****! I understand your concerns. It seems like your issue revolves around whether the procedural due process was followed correctly.
- If the determination was made solely based on a written complaint, without evidence and a fair hearing, it could indeed be a due process violation.
- You may have grounds to challenge this legally.
Would you like more detailed information on how to contest this determination in Asotin or assistance connecting with a local attorney who could provide specific legal advice?
Not from you, it is clear whose side you are on.
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Hi ****! I understand your frustration. Your situation involves procedural due process concerns. If you believe your rights were violated, seeking legal advice might be beneficial. Would you like more information on the next steps you could take?
If a determination is made without evidence or due process why MIGHT I have grounds for an appeal? Under what circumstances would that NOT be grounds for an appeal?
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You might have grounds for an appeal if:
- The determination was made without evidence.
- Proper due process (notice, opportunity to contest, fair hearing) wasn't followed.
It may not be grounds for appeal if:
- Proper procedures were followed but you disagree with the outcome.
- The issue was already adequately addressed in a prior hearing.
Do you need more details on how to proceed with an appeal?
Why do you keep saying “might”?
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Hey ****! I use "might" because legal outcomes can depend on various factors, including specific details of your case and local laws. Each situation is unique, so while it often seems like you have grounds for appeal, the final determination can depend on the specific circumstances and evidence presented.
Would you like more detailed information on how to contest this determination in Asotin or assistance connecting with a local attorney who could provide specific legal advice?
Please elaborate how *.*.*(b) would require any evidence or allow for due process.
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Hi ****! Sure, let's break it down:
- Due Process Requirements:
- Notice: Part (b) ensures the owner is informed through a "letter of determination."
- Opportunity to Contest: It allows the owner to request a hearing within three working days.
- Hearing: The mayor adjudicates the complaint within seven days.
- Evidence: The code mentions "clear and convincing evidence" is needed for the appeal to be successful.
However, the specific procedural requirements for presenting and considering evidence are not detailed, which might be a point of contention.
Would you like to know more about the steps to ensure evidence is considered during the appeal?
Section b does not mention evidence and implies the determination will be guilty because it talks about appealing the determination that “must be made” directly after said determination is made, and it is made based on a written complaint and nothing else.
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Hi ****! You raise a significant concern regarding the due process in Section b of Asotin municipal code *.*.*. The procedure outlined implies that a determination is made based on a written complaint alone, which may not fulfill the requirements of due process without additional evidence.
- Determination Based on Complaint: The code suggests that a determination is made following a written complaint.
- Appeal Process: The owner can appeal the determination, but the code does not explicitly mention the need for evidence in the initial determination.
Would you like more details on how to challenge this procedure in Asotin District Court?
Yes
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To challenge the procedure in Asotin District Court, you can follow these steps:
*. Document Everything: Keep all correspondence and notices related to the complaint and determination.
*. File an Appeal: Submit a formal appeal to Asotin District Court, challenging the procedure based on lack of due process.
*. Legal Representation: Consider consulting with a local attorney specializing in administrative or municipal law.
Would you like assistance connecting with local lawyers who can better assist you with your case?
I already filed a motion to dismiss based on the city’s failure to publish the ordinance in the city newspaper, and the motion was denied. Would you care to read the judges decision?
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Hi ****! I'm unable to read the judge's decision directly. However, you may want to consider the following steps:
- Review the judge's decision carefully to understand the reasoning.
- If you believe there are grounds for appeal, you can file an appeal with a higher court.
- Consult with a local attorney who specializes in municipal law for further guidance.
Would you like assistance in connecting with local lawyers who can provide specific legal advice on appealing the judge's decision?
I already have an attorney. He said the judge’s decision cannot be appealed.
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Hey ****! Since you already have an attorney who advised the judge’s decision cannot be appealed, it seems like you’ve exhausted your options in this particular case. If you still feel that there’s an injustice or a procedural error, you might consider getting a second opinion from another legal professional.
Is there anything else you need assistance with?