(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 dates 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 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, who shall be referred to as the Hearing Officer. A representative of the Director of Law shall be present at such hearing to advise the Hearing Officer as to procedural matters. However, such representative shall not partake in any determination of the facts.
(c) 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.
(d) 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 calendar year immediately preceding the date of the notice of hearing.
(e) 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.
(f) The disconnection provisions of this section shall not apply to alarm systems required to remain in continuous operation by any statute or ordinance or by the Building and Housing code or the Fire Prevention code.
(g) If the Hearing Officer does not find that grounds exist for revocation of the permit for the alarm system, he or she shall give written notice of such finding to the permit holder.
(Ord. 124-96. Passed 11-11-96.)