A. A subscriber may contest the imposition of a false alarm service charge by submitting a request for an administrative review in writing to the chief financial officer within thirty (30) calendar days of the notice imposing the service charge. The assessment of the false alarm service charge is stayed during the pendency of an administrative review, which is properly and timely filed pursuant to this section. The subscriber shall specify the grounds for contesting the service charge and such request shall be accompanied by a fee, if any, in the amount established by city council resolution. Upon receipt, the city shall do all of the following: investigate with its own records and staff the circumstances of the service charge with respect to the contestant's written explanation of the reason or reasons for contesting the service charge. If, based on the results of the investigation, the city is satisfied that the violation did not occur or because legally supportable or mitigating circumstances as set forth in this article warrant a dismissal, the city shall dismiss the service charge and make an adequate record of the reason or reasons for canceling the service charge. The city shall deliver the results of the investigation to the contestant within fifteen (15) days of receipt of the subscriber's request for an administrative review.
B. If the subscriber is not satisfied with the results of the investigation provided for herein, the subscriber may, within twenty one (21) calendar days of the delivery of the results of the initial investigation, deposit the amount of the service charge and the appeal as set by city council resolution or provide proof of an inability to deposit the service charge, and request an appeal. An appeal shall be held within ninety (90) calendar days following the receipt of a request for an appeal. If the subscriber prevails at the appeal, then the full amount of the service charge deposited shall be refunded.
C. The appeal hearing shall be conducted by the city manager or his designee. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal. Failure of any person to file a timely appeal shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice imposing the false alarm service charge.
D. Written notice of the time and place of the hearing shall be given at least ten (10) calendar days prior to the date of the hearing to each appellant by the city either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. The decision of the city manager or his designee shall be in writing and shall contain findings of fact and a determination of the issues presented.
E. The notice of decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by California Code Of Civil Procedure section 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision shall be final when signed by the city manager or his designee and served as provided in this section.
F. If the false alarm service charge is upheld, the service charge and any administrative costs shall be paid within thirty (30) days following service of the notice of decision. Administrative costs include any and all costs incurred by the city in connection with enforcement of this article against the subscriber, including, but not limited to, investigation costs, staffing costs for preparing and conducting the administrative hearing and legal fees. (Ord. 10-O-2591, eff. 1-1-2011)