A. An alarm user shall have the right to request a hearing to contest the imposition of any penalty imposed under the provisions of this chapter, including but not limited to the imposition of any administrative service fee and/or civil penalty, suspension of any permit, or determination of a false alarm.
1. A written request for a hearing must be filed by the alarm user with the chief of police within ten business days of the date of mailing of the notice of imposition of the penalty.
2. Notice of the imposition of a penalty shall be considered satisfied if sent by regular mail to the alarm user's address listed in the alarm user's alarm information card on file with the police department.
3. The request for a hearing shall include the alarm user's name, address, telephone number, and a statement of the reason(s) for disputing the imposition of the penalty.
4. A timely request for a hearing shall stay the imposition of any penalty until the hearing is decided.
5. The penalty imposed shall be considered final if the alarm user fails to request a hearing within the time period hereinabove set forth.
B. The chief of police or designated representative shall conduct any hearing(s) requested by the alarm user and shall affirm, modify or vacate the imposition of the penalty after considering all of the evidence presented.
1. An alarm shall be presumed to be a false alarm unless the alarm user can establish the existence of an emergency or other hazard at the time of the alarm by a preponderance of the evidence.
2. The burden of providing the existence of an emergency shall be upon the alarm user.
3. Hearings shall be conducted informally.
C. An alarm user may appeal the decision of the chief of police or designated representative to the mayor (or his or her designee) by filing a written request with the city recorder of the police department for a hearing within ten business days of the decision rendered in the initial hearing.
1. If no request for an appeal hearing is made within the ten-day period, the decision rendered in the initial hearing shall be considered final.
2. The appeal hearing shall be conducted by the mayor (or his or her designee)-who shall affirm, modify or vacate the decision rendered in the initial hearing(s), after considering all of the evidence presented, and the action taken in the appeal hearing shall be final. (Ord. 05-02-2023A, 5-2-2023)