(a) Prior to the revocation of a permit for an alarm system, written notice shall be given to the permit holder. Such notice shall set forth:
(1) The specific date on which there have been false alarms from such alarm system which were caused by mechanical malfunction or faulty equipment;
(2) That a hearing will be held before the Safety Director or his or her designated representative to determine whether the permit for such alarm system should be revoked;
(3) The date, time and place of such hearing; and
(4) That the permit holder may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses.
(b) All hearings shall be held by the Safety Director or his or her designated representative. The official conducting the hearing shall be referred to as the Hearing Officer. The Safety Director shall not designate any person to perform the duties of Hearing Officer under this section who has participated in the investigation of false alarms from the alarm site in question or has prior knowledge of the allegations or circumstances discovered in such investigation. The person designated as Hearing Officer may, prior to the hearing, receive a copy of the notice given to the permit holder.
(c) A representative of the Director of Law shall be present at such hearing to advise the Hearing Officer as to procedural matters; however, such attorney shall not partake in any determination of the facts.
(d) All hearings shall be conducted under rules consistent with the nature of the proceedings, provided, however, that the following rules shall apply to such hearings:
(1) All parties shall have the right to representation by a licensed attorney, though an attorney is not required;
(2) Each party may present witnesses in his or her own behalf;
(3) Each party has the right to cross-examine all witnesses; and
(4) Only evidence presented before the Hearing Officer at such hearing may be considered in rendering the order.
(e) If the permit holder fails to appear at the hearing at the time, place and date specified, the City shall present sufficient evidence to establish a prima-facie case showing that mechanical malfunction or faulty equipment has caused five or more false alarms in the twelve-month period immediately preceding the date of the notice of hearing.
(f) If the Hearing Officer finds that grounds exist for revocation of the permit for the alarm system, he or she shall revoke such permit and shall give written notice to the permit holder of such revocation. Upon receipt of such notice, the permit holder shall disconnect such alarm system immediately and shall surrender his or her permit to the Safety Director or his or her designee.
(g) If the Hearing Officer does not find that grounds exist for revocation of the permit for an alarm system, he or she shall give written notice of such finding to the permit holder.
(Ord. 15-87. Passed 2-9-87.)