RULING PAVES WAY FOR CITY TO SEIZE FACILITY'S DOGS.

Byline: Donna Huffaker Staff Writer

BURBANK - Burbank city officials, who, for more than two years, refrained from seizing 100-plus dogs from a resident operating a kennel without a permit, announced Monday that they will take custody of the animals later this week.

The California Court of Appeal, 2nd District, has upheld the injunction issued by a Los Angeles County judge prohibiting Pamela Miller of Millerwood Animal Rescue and Sanctuary Inc. from operating a kennel within the city.

Millerwood supporters and volunteers sent out a blizzard of faxes over the weekend, claiming city officials plan to euthanize the more than 100 dogs, some right in their cages in the facility in the 100 block of Linden Avenue. City officials deny that, and have vowed to do what they can to find homes for the dogs.

``We had to wait until the appeal process was finished because we want to try to get these animals adopted and placed into homes (without further legal obstacles),'' said Burbank police Capt. Gordon Bowers.

Miller, who also faces pending criminal charges of animal abuse and neglect and operating a kennel without a license, has refused to comment to the Daily News about her case.

Miller has denied guilt in the criminal case and said in her federal harassment lawsuit that the city embarrassed her, ruined her reputation and took pictures only of kennel areas that had not been cleaned.

She has filed several federal lawsuits against the city, claiming a violation of her civil rights.

Because the appellate court upheld the injunction, city officials can finally take possession of the dogs, Bowers said.

Press releases sent out by Millerwood rejected complaints filed by a former volunteer, whom Millerwood supporters say was responsible for cleaning areas said to be squalid.

But Bowers said court documents show complaints have been made since 1996 and that nine volunteers, not one, have made them.

According to Bowers, testimony heard by the city's Permit Appeals Panel, described animals being ``held in crates for excessive periods, appalling filth, dogs standing in fecal matter with sore feet and some losing weight and showing signs of mange.''

Testimony also described extensive overcrowding - with 40 to 50 dogs more than the legal capacity - and groups of dogs held together, resulting in dog fights.

``She may have started with a pure heart, with a love for animals. But the end result was not in the animals' best interest. Animals were held in unsafe and unsanitary conditions and there were ineffective efforts, if any, to have them adopted,'' Bowers said.

``The conditions at Millerwood actually may have made the animals less adoptable,'' Bowers said Monday.

Although inspectors have found dogs standing in their own feces beginning to develop mange, conditions at Millerwood, which occupies about an acre, were not life threatening, Bowers said.

Miller opened her shelter and rescue facility for hard-to-adopt pets, such as pit bulls, about eight years ago. They are dogs that have been abandoned or abused, according to Millerwood faxes.

Burbank Councilman Bob Kramer, who uses the local cable channel to show viewers the city shelter's dogs and cats and tries to expedite adoption, said the city is going to work hard to find the soon-to-be displaced animals a home.

The city shelter currently houses 50 dogs, so portable kennels will be brought in to accommodate the Millerwood dogs, as well as space from other shelters Kramer said.

The city will house the Millerwood dogs longer than the 72-hour minimum period, Bowers said, without giving an exact deadline for when the dogs have to be adopted before being euthanized.

The appellate judges suggested that if Miller continues to file lawsuits against the city she should pay the city's costs.

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City officials plan to seize more than 100 dogs from the Millerwood Animal Sanctuary in Burbank sometime this week.

Evan Yee/Staff Photographer