Chapter 9.06 BURGLARY AND ROBBERY ALARM SYSTEM.
Section 9.06.145 Appeals of determinations regarding alarm registrations, alarm permits and fees.
A. If the Alarm Administrator assesses a service fee, suspends an alarm permit or denies the issuance, renewal or reinstatement of an alarm registration or permit, the Alarm Administrator shall send written notice of the action and a statement of the right to appeal to the affected applicant or alarm user and the alarm installation company or monitoring company.
B. The alarm user, alarm installation company or alarm monitoring company may appeal any action described in subsection A to the Chief of Police by setting forth in writing the reasons for the appeal and delivering the appeal to the Chief of Police within 20 business days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal.
C. The procedure for an appeal to the Chief of Police is as follows:
1. The applicant, alarm user, alarm installation company or monitoring company may file a written request for appeal by paying an appeal fee of $25 to the Police Department and setting forth the reasons for the appeal. The appeal must be entitled "Appeal from Alarm Administrator's Action." Appeal fees will be returned to the appealing party if the appeal is upheld.
2. The Chief of Police or his designee shall conduct a recorded hearing within 30 days after receipt of the request for review and shall consider the evidence submitted by the appealing party and the Alarm Administrator. The Chief of Police or his designee must base his decision on the preponderance of evidence presented at the hearing and must render a decision within 15 days after the date of the hearing. The decision shall affirm or reverse the decision or action taken by the Alarm Administrator.
D. Any person aggrieved by the decision of the Chief of Police or his designee may appeal that decision to the City Manager by delivering a written document entitled "Notice of Appeal" to the Office of the City Manager within 15 days after receiving the decision of the Chief of Police. The City manager or his designee may consider the record of the prior appeal to the Chief of Police and may take additional testimony. The City Manager or his designee shall render a decision within 30 days after receiving the appeal. The decision shall affirm or reverse the decision of the Chief of Police. Appeal fees will be returned to the appealing party if the appeal is upheld.
E. A person aggrieved by the decision of the City Manager is entitled to pursue judicial review of his appeal.
F. Filing of an appeal stays any action by the Alarm Administrator to suspend an alarm permit or require the payment of a fee or penalty until the Chief of Police or City Manager, or their designee, has completed his review and rendered a decision.
G. The Alarm Administrator, Chief of Police or City Manager, or their designee, may adjust the count of false alarms based on:
1. Evidence that a false alarm was caused by an act of Nature;
2. Evidence that a false alarm was caused by action of the telephone company;
3. Evidence that a false alarm was caused by a power outage;
4. Evidence that an alarm dispatch request was not a false alarm; or
5. Multiple alarms occurring in a 24 hour period may be considered as one false alarm to allow the alarm user time to take corrective action, unless the false alarms are directly caused by the alarm user.
H. On review of fees or penalties by an alarm installation company or monitoring company, the Alarm Administrator, or, if appealed, Chief of Police or City Manager or their designee, may consider whether the alarm company had engaged in a consistent pattern of violations.
(Ord. 2348, Add, 01/27/2006)