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<br />Model Beekeeping Ordinance <br /> <br />February 22, 2007 <br /> <br />Section 6. <br /> <br />Inspection. <br /> <br />A designated City official shall have the right to inspect any apiary for the purpose of <br />ensuring compliance with this ordinance between 8 a.m. and 5 p.m. once annually upon <br />prior notice to the owner of the apiary property, and more often upon complaint without <br />prior notice. <br /> <br />Section 7. <br /> <br />Presumed Colony/Hive Value. <br /> <br />F or the purpose of enforcing City ordinances against destruction of property, each <br />colony/hive shall be presumed to have a value of $275. <br /> <br />Section 8. Compliance. <br /> <br />8.1 Upon receipt of credible information that any colony located within the <br />City is not being kept in compliance with this ordinance, [the designated <br />City official] shall cause an investigation to be conducted. If the <br />investigation shows that a violation may exist and will continue, [the <br />designated City official] shall cause a written notice of hearing to be <br />issued to the beekeeper, which notice shall set forth: <br />a. The date, the time and the place that the hearing will be held, which <br />date shall be not less than 30 days' from the date of the notice; <br />b. The violation alleged; <br />c. That the beekeeper may appear in person or through counsel, present <br />evidence, cross examine witnesses and request a court reporter, and <br />d. That if [the designated City official] finds that they have been kept in <br />violation of this ordinance, and if the violation is not remediated <br />within the time allowed, the honey bees may be ordered removed <br />and/or destroyed. <br />Notices shall be given by certified US Mail return receipt requested or <br />personal delivery. However, if the beekeeper cannot be located, then <br />notice may be given by publication in a legal newspaper for the county in <br />which the apiary property is located, at least seven days before the <br />hearing. <br />8.2 The hearing shall be conducted by [the designated City official]. The <br />burden shall be on the City to demonstrate by a preponderance of evidence <br />that the colony or colonies have been kept in violation of this ordinance. <br />If [the designated City official] finds a violation, then he/she may order <br />that the honey bees be removed from the City or such other action as may <br />address the violation, and that the apiary lot be disqualified for permitting <br />under this ordinance for a period of2 years from the date of the order, the <br />apiary lot ownership changes, in which case the prohibition shall <br />terminate. If the order has not been complied with within 20 days of the <br />order, the City may remove or destroy the honey bees and charge the <br />beekeeper with the cost thereof. Upon destruction of honey bees by the <br />City, all equipment shall be returned by the City to the beekeeper, with <br /> <br />Page 4 of 5 <br />