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(b) Notification of Right to Hearing. At least five (5) working days prior to impoundment and/or abatement, the owner or custodian shall be notified in writing of his or her right to request a hearing in writing to determine whether grounds exist for such impoundment and/or abatement. If a hearing is requested, the impoundment and/or abatement hearing may be held in conjunction with the hearing provided for in subsection (a) of this section. If the owner or custodian requests a hearing prior to impoundment and/or abatement, no impoundment and/or abatement shall take place pending decision following a hearing, except as provided in subsection (c) of this section. Pending such impoundment and/or abatement hearing and decision, the Santa Ana Police Department may order the owner or custodian to keep the dog within a substantial enclosure as deemed necessary under the circumstances. The Santa Ana Police Department may also order the owner or custodian to post and keep posted upon the premises where such dog is kept under restraint, a warning notice pending such impoundment and/or abatement hearing and decision by the Superior Court. The form, content and display of such notice shall be specified by the Santa Ana Police Department. Any hearing under this subsection shall be conducted in accordance with Chapter 3 of this Code. (c) Immediate Impoundment. When, in the opinion of the Animal Services Officer or Police Officer, immediate impoundment is necessary for the preservation of animal or public health, safety or welfare, or if the dog has been impounded under other provisions of this Code or State law, the preimpoundment hearing shall not be required; however, the owner or custodian shall be given written notice allowing ten (10) days from receipt of such notice to request in writing an abatement hearing. If requested, a hearing shall be held within ten (10) working days of receipt of the request, and the dog shall not be disposed of prior to the decision following such hearing. A hearing under this subsection shall be conducted in accordance with Chapter 3 of this Code, except as otherwise indicated. If, after ten (10) days following receipt of such notice, no written request for a hearing is received from the owner or custodian, the dog in question shall be disposed of under applicable provisions of law. (d) Initial Hearing and Appeal. (1) Initial Hearing. Any hearing requested or conducted pursuant to this section shall be requested and conducted in accordance with Chapter 3 of this Code, unless otherwise stated herein. (2) Appeal. After any hearing conducted pursuant to subsection (1), any party to the hearing may, within ten (10) days of the receipt of the notice of determination, appeal the decision of the hearing entity of original jurisdiction to the Orange County Superior Court. Any such appeal shall be requested and conducted in accordance with California Food and Agriculture Code sections 31601, et seq. (3) The Santa Ana Police Department shall have the discretion, in any event, to directly petition the Superior Court to seek a determination whether or not the dog in question should be declared potentially Ordinance No. NS-2818 Page 5 of 11