(A) The manner of assessing administrative fines and methods to appeal such fines shall comply with all the procedures specified in Chapter 15 of Title I of this code, unless in conflict with the provisions of this chapter.
(B) A separate written request for an administrative hearing must be filed for each administrative fine assessed. Multiple administrative fines, even if assessed against the same alarm company operator, alarm system user or the person to whom a private alarm system permit has been issued cannot be appealed on a single request for hearing form.
(C) Within ten days after the filing of a request for an administrative hearing and paying the appeal fee therefor, the City Clerk shall give notice to the requesting party of the date, time and place of the hearing. The hearing shall be set on a date that is no less than ten days and no more than 60 days after the date of the notice.
(D) A request for an administrative hearing must be accompanied by a deposit in the amount of the administrative fine. A request for a hearing shall not be complete and shall not be accepted unless it is accompanied by the deposit and fee required. If the requesting party prevails on appeal, then the amount deposited will be refunded within ten days after the date of decision.
(E) The hearing officer on all appeals of administrative fines assessed pursuant to this chapter shall be the Director. A representative for the alarm company operator that has been assessed the fine, the alarm system user who has been assessed the fine or the person issued the private alarm system permit who was assessed the fine must appear at the administrative hearing. The failure of the alarm company operator representative, alarm system user or the person issued the private alarm system permit who was assessed the fine to appear at the administrative hearing shall constitute a waiver of the right to a hearing on the citation and any defenses to the citation the alarm company operator, alarm system user or the person issued the private alarm system permit who was assessed the fine may have had. The alarm company operator’s or alarm system user’s deposit or the deposit from the person operating or maintaining the private alarm system who was assessed the fine shall be forfeited without further action. A failure to appear at the administrative hearing shall also constitute a failure to exhaust administrative remedies.
(F) The remedies set forth in this chapter are non-exclusive and the city may seek any and all legal and equitable relief permitted by law in addition to those remedies set forth in this chapter.
(Ord. 1329, passed 6-2-10)