A. Appeals process. An alarm user may appeal the Alarm Administrator's determination of the number of false alarms or the denial of response reinstatement. The alarm user shall file a written notice of appeal with the Chief of Police, or the Chief's designee, within ten (10) days of the Alarm Administrator's notice of determination to the alarm user and pay an appeal fee of twenty five dollars ($25.00). The Chief of Police, or the Chief's designee, shall serve as the hearing officer and conduct a hearing to determine whether there is substantial evidence to support the Alarm Administrator's decision, and shall have discretion to allow, modify or refund any false alarm fees collected. The Chief of Police, or the Chief's designee, is further authorized, with the advice of the City Attorney's Office, to promulgate rules and regulations for the conduct of hearings. Hearing rules shall be provided to any alarm user filing a written notice of appeal and shall also be available to the public by request.
B. Appeal standard. The hearing officer shall review an appeal from the assessment of penalty(ies) or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of penalty(ies) or other enforcement decision, the hearing officer shall have the discretion to dismiss or reduce penalty(ies) or reverse any other enforcement decision where warranted. The hearing officer will issue a decision and such decision shall serve as the final agency determination of the appeal. (Ord. 21-65)