5.41.110   Notice and appeal of false fire alarm penalty.
A.   When a false fire alarm determination is made pursuant to Section 5.41.090 the Chico Fire Department shall notify the Department. The Department shall mail by first class mail a written notice of the false fire alarm to the fire alarm system user whose alarm system generated the false fire alarm, to the address at which the false alarm occurred and to the address of the owner of record of the premises. The notice shall state that a false alarm determination has been made, the date and time of the false fire alarm, the section of this chapter violated, a description of the violation, advise the addressee of the false alarm fee imposed or that the occurrence of future false fire alarms may subject the fire alarm user to payment of a false fire alarm fee, and that the fire alarm system user is entitled to a hearing to respond to the notice and introduce any evidence to refute or mitigate the determination that the false fire alarm occurred. All false fire alarm fees are due and payable within sixty (60) days of the date that the Department mails or transmits the notice, unless an appeal is filed, in which case the fees appealed from are due and payable within ten (10) days after the date of the written ruling.
B.   A fire alarm system user wanting to contest a false fire alarm notice fee and/or determination shall file a written appeal with the Director within thirty (30) days after the date of the notice. A hearing shall be held by the Director or the Director's designee, not more than twenty (20) days from the date the appeal is filed. Within twenty (20) days after the hearing, the Department shall issue a written ruling including factual findings and the Director's conclusion, with supporting reasons affirming or reversing the notice. The decision of the Director shall be final.
C.   The Director may, but is not required to, delegate authority to conduct hearings under this section to the Fire Chief or his or her designee.
(Ord. 2514 §3 (part))