(A) (1) The owner of property on which an alarm system has been installed may object to the imposition of fines based upon this subchapter, and/or the determination that false alarms have occurred upon the premises.
(2) The owner may appeal the decision to impose fines by filing a written objection with the Secretary of the Board of Safety within 30 days of the date of the notice.
(3) The Secretary shall provide notice of the date of the hearing to the owner and the office of the Corporation Counsel.
(4) The Board shall evaluate appeals based upon the totality of the circumstances.
(5) A false alarm fine may be dismissed if the evidence does not support a showing an alarm was false.
(B) In addition, mitigating factors which would support a reduction or dismissal of the fine by the Board are:
(1) Adequate proof that the alarm system user has identified the cause of the false alarm and taken appropriate remedial action to correct the defect and prevent future alarms; and
(2) The extent that infirmity or disability of an alarm system user contributed to the false alarm.
(C) (1) Also, the first false alarm fine may be waived by the Board of Safety upon a showing by the alarm user that the alarm system has been inspected and certified to be in good working order by a professional provider.
(2) All false alarms not appealed to the Board of Safety within 30 days shall be prosecuted in the Elkhart City Court.
(1979 Code, § 94.07) (Ord. 4584, passed 5-7-2001)