Any person who has been invoiced pursuant to Section 395.02 may request, in writing, within thirty (30) days of the date of invoice, a hearing by the Fire Chief or his or her designee for the purpose of presenting evidence that an unnecessary alarm did not occur, or that the person invoiced is not an owner or leaseholder of the property or properties served by the alarm system from which the unnecessary alarm originated. Upon the establishment by the Division of Fire of a prima facie case that an unnecessary alarm has occurred at a given street address, the burden of proof shall shift to the person who requested the hearing. An incident report indicating that the Division of Fire responded to the alarm and found no indication that a fire or fire-related emergency occurred shall be sufficient to establish a prima facie case that an unnecessary alarm has occurred at the street address identified in the incident report. The rules of evidence applicable to courts of law shall not be strictly applied.
If the Fire Chief or his or her designee determines, by a preponderance of the evidence, that an unnecessary alarm did not occur, or that the person invoiced pursuant to Section 395.02 is not an owner or leaseholder of the property or properties served by the alarm system, then the charges shall be voided, otherwise the charges shall be due and payable.
(Ord. No. 1426-92. Passed 7-22-92, eff. 7-31-92)