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If a fine assessed for a fire alarm system malfunction pursuant to Subsection 11-5A.5 hereof has not been paid by the due date, the Fire Marshal, or his or her designee, shall impose a lien on the real property where such malfunction occurred, pursuant to the provisions of M.G.L. Chapter 40, Section 58 and shall notify the fire alarm system owner in writing of such lien. The provisions of this Subsection shall apply to fines that remain unpaid or that become due and payable on or after the effective date of this Subsection.
(CBC 1985 11-5A.5A; Ord. 1992 c. 10 § 1)
No fire alarm system shall be equipped with a tape dialer or similar automatic telephone device which will transmit an alarm message to any telephone lines of the BFD. If, at the passage of this Section, a fire alarm system is equipped with such a tape dialer or similar automatic telephone device, the fire alarm system owner shall have 60 days from passage of this Section to disconnect such tape dialer or similar automatic telephone device. If a fire alarm system owner fails to comply with this Subsection, the Fire Marshal may assess a fine of $50.
(CBC 1985 11-5A.6; Ord. 1988 c. 5 § 2)
Any fire alarm system owner who is aggrieved by any action or determination taken by the Fire Marshal under this Section may, within ten business days of such owner’s receipt of written notice of any such action or determination, or such longer period of time as may be authorized in writing by the Fire Marshal, file an appeal, in writing, to the Fire Marshal and to the head of the BFD, as defined herein. After notice of a citation to such owner, the Head of the BFD, or his or her designee, shall, within ten days after such owner’s appeal, hold a hearing, after which he or she shall issue a decision in which he or she affirms, annuls or modifies the action taken by the Fire Marshal, giving his or her reasons in writing therefor. The Head of the BFD shall send his or her decision to the owner by first class mail within ten days after the hearing. The decision of the Head of the BFD shall be a final administrative decision. The owner shall have 30 days from the date of the owner’s receipt of such written decision to seek judicial review in the appropriate court.
(CBC 1985 11-5A.7; Ord. 1988 c. 5 § 2)
The provisions of this Section shall be deemed to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(CBC 1985 11-5A.10; Ord. 1988 c. 5 § 3)
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