The sending of an alarm by an alarm system monitoring company, which results in the dispatch of Police or Fire, shall subject the alarm user or property owner to a false alarm fee whenever there is no evidence of a crime or other activity that would warrant a call for Police or Fire assistance or investigation at the premises; provided however, that no false alarm fee shall be assessed if any individual who was on or near the premises, or who had viewed a video communication from the premises, called for the dispatch and confirmed a need for police or fire response.
(A) False alarm fees, including any penalties for failure to register, shall be imposed per the city's Fee Schedule.
(B) In the event that Police or Fire were dispatched to the premises, the alarm user or property owner shall be subject to a false alarm fee per the city's fee schedule. Such amount represents the cost of dispatch and initial response incurred by Fire and/or Police.
(C) Notice and hearing on penalty for false alarms.
(1) The Department shall mail by first class mail a written notice of the false alarm fee to the permitee. The notice shall state the date and time of the false alarm, and that the permittee is entitled to a hearing to respond to the notice and introduce any evidence to refute or mitigate the determination that the false alarm occurred. All false alarm fees are due and payable within 60 days of the date that the Department mails or transmits the notice, unless: (1) an appeal is filed pursuant to subsection (B) of this section, in which case the fees appealed from are due and payable within ten days after the date of the written ruling, or (2) a waiver is requested and an alarm user class is scheduled pursuant to subsection (D) of this section.
(2) A permittee wanting to contest a false alarm fee shall file a written appeal with the Alarm Administrator within 30 days after the date of the notice. A hearing shall be held by the Alarm Administrator, or the Alarm Administrator designee, not more than 20 days from the date the appeal is filed. Within 20 days after the hearing, the Department shall issue a written ruling including factual findings and the Alarm Administrator's conclusion, with supporting reasons affirming or reversing the notice. The decision of the Alarm Administrator shall be final.
(3) The Alarm Administrator may, but is not required to, delegate authority to conduct hearings under this section to the Eureka Police Department or the Fire Department.
(4) The Alarm Administrator may, with cause, at his or her discretion, waive the first false alarm fee once within a 12 month period per alarm site. A current Eureka alarm subscriber that moves to a new address within Eureka shall receive a waiver for the first alarm at the subscriber's new location if the false alarm occurs within six months of the move.
(D) It shall be the policy of Police and Fire to take positive action in reducing false alarm responses through continuous evaluation and notification of offending alarm owners/users when false alarms occur.
(Ord. 921-C.S., passed 9-7-21)