A. Right to Administrative Review. Any person assessed an emergency response fee in the manner provided by this chapter may apply to the chief of police for administrative review of the determination by the chief of police to assess such fee and/or the determination of the chief of police as to the amount of the fee.
B. Application for Administrative Review. Application for administrative review of a determination of the chief of police to assess an emergency response fee or a determination of the chief of police as to the amount of the such fee shall be in writing and shall be filed with the police department by the person against whom the fee was assessed no later than 15 days from the date the notice of assessment of the fee was mailed to such person. In addition to setting forth the request for administrative review of such determination, such application shall contain a brief statement of the reasons why the person against whom the fee was assessed believes that the determination does not comply with the provisions of this chapter as well as a statement of the relief being requested.
C. Decision on Application for Administrative Review. Upon the filing of a timely application for administrative review of the determination of the chief of police to assess an emergency response fee or a determination as to the amount of such fee, the chief of police shall consider the application and render a decision either affirming, reversing, or modifying the determination. Prior to rendering a decision, the chief of police, in his or her sole discretion, may convene a hearing for the purpose of reviewing evidence or hearing arguments bearing on the determination. If such a hearing is convened, notice of the date, time, and place of the hearing shall be served by mail on the person having requested administrative review of the determination a reasonable time prior to such hearing. After rendering a decision, the chief of police shall promptly cause written notice of the decision to be served by mail on the person having requested administrative review of the determination by depositing such notice in the United States mail, first class postage prepaid.
D. Payment of an Emergency Response Fee Following Administrative Review. Where the chief of police renders a decision to affirm a determination to assess an emergency response fee and/or to affirm a determination as to the amount of the fee so assessed, either in whole or in part, following the filing of an application for administrative review of such determination, such fee or such part thereof found by the chief of police to have been validly assessed shall not be due and payable until the last day of the month immediately following the month in which notice of such decision was mailed to the person against whom the fee was assessed.
(Ord. 2447)