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D R A F T 3 there are issues involved with their locations that warrant a heightened level review. If you are asking if staff would 109 be comfortable approving it, with the ordinances we have and the standards, I am comfortable with approving or 110 denying anything as long as I have justification. 111 112 Alan Campbell: My question gets into the notion that if you have a special use permit that you are held to if they 113 meet the requirements then you have to approve it but if it is discretionary then you have more room. 114 115 Michael Harvey: If you, as an applicant, prove you comply with the code, I also have to issue the permit. If there 116 are interpretative issues, then you have the right to appeal me. 117 118 Alan Campbell: If you have someone who opened a kennel where they were not supposed to and don’t meet any 119 requirements, what is the enforcement mechanism? 120 121 Michael Harvey: If we find an illegal kennel, we initiate zoning enforcement actions which mean we can issue civil 122 citations daily in the amount of $500 after appropriate notices of violation are issued. We can seek an injunction 123 from the court. They are technically guilty of a misdemeanor if they violate the land use regulations so we have 124 enforcement procedures we can initiate. 125 126 Alan Campbell: One of the problems with animal enforcements is that if it is the middle of the night, they will not 127 address that issue. 128 129 Michael Harvey: If is it a land use issue, we initiate an enforcement action. You, as a property owner, do have 130 rights to appeal. If you choose to continue an action we have told you is illegal, we have lots of means to make 131 sure you comply. 132 133 Lisa Stuckey: If you are doing a Class II, maybe I or II, you have to get a permit for Animals Services for each of 134 those and then for Class II, you have to get your Class B Special Use Permit. You have to get the Class II kennel 135 permit within 30 days of occupancy, would that be 30 within the start of the kennel? Can you open it up and 28 136 days later go get your permit? 137 138 Michael Harvey: Animal Services provides initial feedback on the proposal and they have met with the applicant 139 and looked over the plan. We have documentation to submit to the Board of Adjustment but they can’t do final 140 approval until they make application and submit the building plans. They can’t submit the building plans until they 141 have a building permit submitted by the inspections department stating this meets building code so we usually allow 142 that grace period for Animal Services to issue the permit on a legally issued kennel operation. 143 144 Lisa Stuckey: Does that mean you can have the dogs there before you are issued the permit? 145 146 Michael Harvey: The way it is currently worded and the way Animal Services regulations are worded that is a 147 correct statement. 148 149 Lisa Stuckey: Is that a good idea? 150 151 Michael Harvey: One of the reasons is that Animal Services gives you 30 days to get the final permit. 152 153 Tony Blake: When I spoke to the kennel owner where we are, he said he felt there was a fair amount of confusion 154 between the state regulations and the county regulations but I think what you are describing is the case where 155 someone has a lot of dogs and someone decides to convert to a legitimate kennel operation. 156 157 Pete Hallenbeck: Didn’t you say part of those 30 days was to avoid the time crunch? 158 159 Michael Harvey: Yes. And Animal Services has to sign off on the building permit to say that it meets their code 160 before a building permit is issued. 161 162 10