The looming closure is in the hands of Mohave County Superior Court Judge Lee Jantzen, who has 60 days from the filing date to make a decision, or schedule a hearing.
Dolores Milkie, Deputy County Attorney for Mohave County, said RUFFF owner filed a Motion for Exception pertaining to ground covering in the kennels at her sanctuary, which is a condition that’s been preventing RUFFF from gaining compliance, and required county environmental health permits.
RUFFF has been operating under a court-ordered injunction for most of this year as a result of a three-year battle with the county to meet kennel, zoning, and environmental health requirements.
“We are asking that the permanent injunction to be issued,” Milkie said. “The case is almost three years old. She’s been operating since 2004 and has never had a kennel permit.”
The ground cover issue started with pea gravel, and then to sand, and now RUFFF founder and owner Hillarie Allison, of Golden Valley, Ariz., said she hoped to leave the kennels as they were, which is dirt.
“I’ve been more than willing and want to achieve compliance, but it’s been made nearly impossible for me,” Allison said. “I would be directly going against my veterinarian advisory board with the ground cover.”
RUFFF’s compliance deadline was Nov. 1. On Oct. 31, Allison filed a Motion for Exception.
Allison claims the whole deal to be the county’s vendetta against her and her animals.
“In my opinion, it doesn’t matter what it is, they’re going to find something,” Allison said.
The animal sanctuary in Golden Valley currently has 163 dogs, 88 cats, six goats and 11 pigs. The sanctuary is within regulated pet population set for by a county zoning use permit that was approved by the county Board of Supervisors in July.
The proposed permanent injunction notes RUFFF shall cease acquiring animals; inventory its current residents; allow the county to determine adoptability of the animals; and allow the county to remove and euthanize all animals deemed unadoptable. Additionally, the injunction would impose accrued non-compliance fines and fees in the amount of $10,363 on RUFFF; and require RUFFF owner Allison to pay for the euthanasia, testing, veterinarian care and other necessary care of the animals. If unable to pay, a lien would be placed on the property, at 1422 South Laguna Drive, in Golden Valley.
Allison said that by general animal adoption standards, an animal can be considered unadoptable at 7-years-old and older. At RUFFF, that constitutes about 65 percent of the population.
“That’s the whole definition of a sanctuary. It’s a place for the animals to live out their lives,” Allison said.
Furthermore, about 60 percent of the animals were placed there at the request of county animal services. However, in recent years, the county hasn’t placed any pets there, she said.
Allison said she still hadn’t been served the court paperwork and that it simply arrived in the mail.
Thursday, Allison said she was working to file a response for the denial of the injunction and a stay on the permanent injunction.
Havasu resident Kathy Hodel, co-organizer of a recently successful fundraiser for RUFFF in Havasu, said Thursday she would continue to support the animal sanctuary, which had made great strides for compliance with the county’s requirements.
Attempts to contact fellow event co-organizer Linda Binder, also of Havasu, weren’t immediately successful.
THE HISTORY
Mohave County Supervisors initially and conditionally approved permits for RUFFF in 2003. Supervisors extended the permit in 2004 and again in 2006. The second extension expired July 2008.
In June 2006, Allison submitted a draft site plan for RUFFF for county review. The county notified Allison in July 2006, calling out several county regulation deficiencies with the plan. The county requested she make necessary corrections and return the plan for further review. A corrected plan was never resubmitted, according to county documents.
In October 2007, county supervisors approved a measure that required all facilities operating as a pet store, kennel, grooming shop, or mobile groomer to obtain a county health permit.
Beginning October 2007, correspondence between Allison and the county continued with requests to bring the sanctuary into compliance, but efforts were to no avail.
In 2008, county officials notified Allison that her submitted site plan would be approved on condition of 11 items including that she keep pet food areas rodent proof; food storage, wash areas, and restroom surfaces must be non-absorbent and cleanable; provide soap and paper towels at restroom sink; volunteer RV and quarantine RV must be connected to an approved wastewater system; water connections and tubs require backflow to prevent cross-connections; no portion of the kennel that animals are kept shall be used for human habitation unless separation is provided; food preparation for humans and animals must be kept separate; animal premise must have proper ventilation and adequate lighting; keeping a record book in which the description of animals and be made available or inspection by the county; provide easily cleanable and durable material for cat and dog housing; proper waste collection and disposal for all animal housing and restrooms.
In August 2009, the county sent Allison a notice of violation and demand for compliance letter, allowing Allison 15 days to comply by providing proof of corrected violations presented to her in the previous year. County health fees of $363 (operating without a permit) and $231 (annual kennel permit), and a civil penalty of $5,000 were at hand.
In December 2009, the county sent a reminder of the demand and allowed until Jan. 31, 2010 before issuing a compliance order and the civil penalty.
THE COURT ORDER
In February 2010, the county filed a compliance order requiring her to cease operating RUFFF.
When county health inspectors visited the sanctuary March 2010, they noted violations that included the lack of an operating permit, improper food storage, contaminated or spoiled food stores, lack of paper towels and soap at restroom sink, unapproved RV wastewater connection, unapproved kennel flooring, physical hazards in kennel areas, improper removal and storage of discarded feces, standing water with algae issues, missing backflow valves on hose bibs, and RVs and vehicles in disrepair and other rubbish providing harbor for vermin.
County documents recently requested by Today’s News-Herald stated “many of these violations have been cleared” and Allison still had a few corrections in order to get her permit.
The compliance order court hearing, set per Allison’s request, was scheduled in March 2010. Allison failed to attend the hearing, and the $5,000 civil penalty was imposed.
In July 2010, Allison submitted a new request for a zoning use permit. In August 2010, county supervisors approved a conditional six-month permit that expired February 2011.
Allison requested an extension for the six-month permit in January 2011, but the application was deemed incomplete because the filing fee was never paid. Planning and zoning commissioners didn’t complete and review it until April 2011. During that meeting, commissioners recommended county supervisors approve a two-year permit for RUFFF.
In May 2011, county supervisors approved the permit, but, again, for just six-months so RUFFF could again strive for compliance. The permit expired November 2011.
In the months that followed, the conditions of the zoning permit remained unsatisfied, the site plan wasn’t submitted for approval, and the health department permit wasn’t yet obtained.
THE SECOND COURT ORDER
As a result, Judge Jantzen heard a two-part evidentiary hearing in November and December. During the hearings, the court heard credible testimony from veterinarians and volunteers that RUFFF animals are treated well and that the sanctuary is operated in a humane, clean and loving manner, according to court documents.
The court also heard testimony from county employees that determined RUFFF “has literally had to have been dragged kicking and screaming to its current level of cooperation with the county” and cited more than eight years of frustration. The largest concern centers on appropriate kennel bedding materials at this time.
As a result of the hearings, Jantzen ordered Allison to continue working to obtain compliance with county regulations.
(Havasu News - Nov 9, 2012)
