8.24.150 Penalties.
   A.   For any alarm user or proprietor alarm failing to prevent false alarms (other than panic, robbery/holdup and similar manually operated distress alarms, which are governed by Subsection B. of this section) during a permit year, a cost recovery fee for responding to such false alarms is hereby established. The amount of the fee shall be set forth in the City's Consolidated Fee Schedule; provided, however, that no fee shall be assessed for the first two false alarms in any permit year. Notwithstanding any other provision of this chapter, any alarm user or proprietor with ten false alarms shall have their permit revoked.
   B.   For any alarm user or proprietor alarm failing to prevent false alarms of a panic, robbery/holdup, or other similar manually operated distress alarm during a permit year, a cost recovery fee for responding to such false alarms is hereby established. The amount of the fee shall be set forth in the City's Consolidated Fee Schedule; provided, however, that no fee shall be assessed for the first false alarm in any permit year. Notwithstanding any other provision of this chapter, any alarm user or proprietor with six false alarms shall have their permit revoked.
   C.   Fees for violations of any provision of this chapter, other than those set forth in Subsections A. and B. above, shall be set forth in the City's Consolidated Fee Schedule. Each violation of a provision of this chapter, and each day that such violation continues, shall be a separate offense.
   D.   In the event of five or more false alarms within a permit year for any alarm system, the alarm coordinator shall notify the alarm user of these excessive false alarm violations by certified mail, and shall direct the alarm user, within ten days of receipt of this notice, to submit a report to the alarm coordinator, describing the corrective actions to be taken to eliminate the false alarms. A copy of the notification shall be sent to the alarm business or agent providing service to the alarm user. Refusal of an alarm user to accept or receive the certified mail shall not excuse the alarm user from compliance with this section, and any alarm user so refusing or failing to accept certified mail shall be deemed to have received notice as of the date of final attempt of the United States Postal Service to affect delivery.
   E.   Upon receipt of an alarm user's report detailing the corrective measures to be taken, the alarm coordinator shall determine whether such measures are reasonably calculated to correct future false alarms, and if acceptable, shall confirm with the alarm user that the permit shall be continued conditioned upon faithful performance of the corrective measures detailed in the report. In the event an alarm user whose corrective measures have been accepted by the alarm coordinator suffers additional false alarms during the permit year as a result or related to failure to follow the corrective measures, the alarm coordinator may revoke the permit by providing notice via certified mail to the alarm user that the permit is revoked effective ten days from the date that notification is received.
   F.   If no report is submitted or if the alarm coordinator determines that the actions taken are not reasonably calculated to prevent the reoccurrence of false alarms, the alarm coordinator shall give notice by certified mail to the alarm user that the alarm permit is revoked effective ten days from the date notification is received.
   G.   If an alarm user fails to pay any fee, cost recovery fee, or other assessment imposed in accordance with this chapter, within the time set forth in Section 8.24.160, the alarm permit shall be revoked and late penalties may be assessed as set forth in the City's Consolidated Fee Schedule. The alarm coordinator shall give notice by certified mail to the alarm user that the alarm permit is revoked, effective ten days from the date notification is received.
   H.   An alarm user whose permit has been revoked shall be immediately furnished written notification by certified mail of such revocation, and shall discontinue the use of the alarm system with respect to which a permit has been revoked. It shall be a violation of this chapter for any alarm user to fail to disconnect such system within ten days after written notification has been received advising the alarm user of the revocation of the alarm permit. Failure to disconnect the alarm system shall subject the alarm user to a penalty, in addition to the cost recovery fee, pursuant to the City's Consolidate Fee Schedule.
   I.   For purposes of this chapter, notice shall be effective if the same is mailed to the alarm user at the address furnished to the alarm coordinator on the permit application form, or at such other address as the alarm user may subsequently furnish in writing to the alarm coordinator. Such notice shall also be effective if mailed to the alarm business at the address provided to the alarm coordinator in connection with the filing of alarm user instructions, or alternatively, to the last known address of the alarm business. In this chapter, for notices other than by certified mail, notice shall be deemed given on the third day after the notice has been deposited in the United States mail with sufficient postage attached. For notices required to be sent by certified mail, such notice is effective when received; provided, however, that failure or refusal of to accept or receive certified mail shall not excuse performance of any duties, and any person or entity so refusing to accept certified mail shall be deemed to have received notice as of the final attempt of the United States Postal Service to affect delivery.
   J.   An alarm user whose alarm permit has been revoked may have it reinstated by paying all fees and/or penalties, submitting a corrective report detailing the corrective action taken, with verification of inspection for malfunctions attached, and payment of a reinstatement fee. Any further violations during a permit year shall be grounds for summary revocation, upon providing notice by certified mail as set forth above.
(Ord. 1397.08.19 § 2 (part), 2008)