ZOR-01-11Haven Acres Special

Exception RevocationBoard of County Commissioners

Public Hearing

7/12/2011

Public Hearing to revoke the Special Exception for Haven Acres Cat Sanctuary (ZOX-01-10) for clear and material non-compliance with the conditions of approval

7/12/2011

Purpose

Condition #14 allows the Board to revoke the Special Exception for Failure to Comply with Conditions

Section 409.04(g) Revoke Permits & Approvals

Section 402.177(a) Initiation of Revocation, Modification or Suspension of Development Approval◦ Rezoning may be revoked by the Board of County

Commissioners at a Public Hearing upon due public notice when it is demonstrated there has been a clear and material noncompliance with the conditions of approval.

Purpose

Condition 2 established a maximum capacity of 200 cats.

Inspection by Division of Animal Services and the Growth Management Department on June 7 & 8, 2011 revealed that the number of cats on the property was 697

Maximum Capacity

Condition 3 of the Special Exception required setbacks of 200 feet from the property boundaries. Also required that all cats be kept in cages or enclosures.

Inspections on June 7 & 8, 2011 showed cats housed 52 feet from the south property line and 57 feet from the east property line. In addition cats were housed without cages in a travel trailer that was located 117 feet from the south property line.

Setbacks

Condition 5 required facilities to meet requirements of 9 CFR 3.3 and 3.4. Sick, infirm, old and young cats were required to be in sheltered facilities.

Inspection on June 7, 2011 revealed that ventilation for sheltered housing was not sufficient to provide for the health and well-being of the cats, or to minimize odors, drafts, ammonia levels, and moisture condensation. Surfaces were found to be worn or soiled and were not readily cleaned and sanitized. Cats were found in outdoor housing facilities that were sick and infirm and must not be kept in outdoor facilities.

Facility Design

Condition 7 required the facility establish a veterinary service plan with one or more local licensed veterinarians.

No Veterinarian Service Plan was found or program established for adequate administration of these requirements.

Veterinary Services

Condition 8 of the Special Exception establishes standards and procedures to ensure that each cat at the facility is identified and kept track of while at the facility.

Records were found to be inadequate, incomplete, and or nonexistent for the majority of the cats found on the premises.

Licensing and Recordkeeping

Condition 9 required that cats suspected of having contagious disease or exhibiting aggressive dispositions must be and isolated from healthy cats. Also, an effective program for the control of insects and other external parasites affecting cats was required.

Numerous cats were found to exhibit symptoms of contagious disease during the inspection of June 7, 2011 in the community pens. No records were found to verify that a licensed veterinarian has provided advice or approval for the re-introduction of isolated cats back to the community pens.

Care of Cats Onsite

Condition 10 require that the submitted Waste Management Plan be adhered to during operation of the site.

Conditions observed on June 7, 2011 included soiled surfaces, ammonia odors within enclosed buildings, fecal materials outside of litter boxes, litter box wastes and solid waste not properly disposed of, and maggots observed in waste bags of litter. At least six bags of soiled litter box wastes lay on the ground, carpet remnants with fecal deposits were observed and the dumpster was overflowing and not sanitized.

Waste Management

Condition 11 requied adherence to the submitted odor management plan.

No evidence of Odor Ban or other control sprays were observed during the June 7, 2011 Inspection. No odors were observed at the south and east property lines but were present in the pens and around cages and enclosures.

Odor Management

Questions