A. A fire alarm system may be declared a nuisance alarm system by the Chico Fire Department under any one of the following:
1. A fire alarm system that results in a determination of a false fire alarm under Section 5.41.090 of this chapter on more than three (3) days in the same calendar month shall constitute a nuisance.
2. More than ten false fire alarms not exempt under this chapter were generated and not canceled within a one year period which commences with the date of the first false fire alarm.
3. Audible fire alarm devices do not meet the standards contained in this chapter and any complaint of a noise disturbance is received by the city.
4. Audible fire alarm devices meet the standards contained in this chapter and more than three complaints of noise disturbances are received in a one year period, which commences with the date of the first false fire alarm, and the activation of the audible devices were the result of false fire alarms.
B. The Department shall notify the fire alarm user, in the same manner as for the imposition of false fire alarm fee, of the determination that the fire alarm system is a nuisance fire alarm system.
C. It shall be unlawful to continue the operation of a nuisance fire alarm system after the receipt of the notice.
D. Audible fire alarm devices which fall under the definition of a nuisance and are causing an ongoing disturbance due to noise may be disabled by the city. The fire alarm user shall be held responsible for any costs incurred or damage caused in eliminating the cause of the disturbance. No liability will be assumed by the city or any of its agents in eliminating noise disturbance caused by false fire alarms.
E. A fire alarm system user wanting to contest a nuisance 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 nuisance determination. The decision of the Director shall be final.
F. The determination that a fire alarm system is a nuisance may be revoked by the Fire Chief or his or her designee upon finding proof that the cause of the excessive false alarms or audible disturbance has been remedied.
(Ord. 2514 §3 (part))