(a) The alarm officer shall have the authority, but not the obligation, to waive any service charge and/or nullify the existence of any false alarms only after finding, based on evidence and testimony presented by the alarm user, that one or more of the following circumstances exist:
(1) Evidence of utility outage conditions;
(Ord. No. 92-2-1868)
(2) Evidence of utility outage conditions lasting four hours or longer and affecting a general neighborhood area;
(3) Evidence of a tornado, earthquake or other violent and extreme conditions of nature or acts of God, excluding thunder, snow, ice and storms;
(4) False alarms during the 30-day period following installation of an alarm system;
(5) Evidence, in a form satisfactory to the alarm officer that the alarm system in question has been satisfactorily serviced or repaired at some time after the false alarms in question. This circumstance shall not, however, constitute grounds for waiver or nullification unless the alarm officer is completely satisfied that the service or repair will reduce or eliminate false alarms similar to the one in question; and
(6) Evidence that the alarm user of the alarm system in question has implemented a training program, satisfactory to the alarm officer, to instruct involved persons (family members, employees and/or contractual personnel) in the proper use of the alarm system. This circumstance shall not, however, constitute grounds for waiver or nullification unless the alarm officer is completely satisfied that the training program will reduce or eliminate false alarms similar to the one in question.
(b) Requests in writing for a waiver or nullification may be made by any alarm user to the alarm officer. Within 14 days of receipt of such written request, the alarm officer shall review the alarm user's request in accordance with this subsection and shall issue a decision.
(c) Within 14 days of receipt of such decision, the alarm user may appeal the alarm officer's decision to the director of the department of public safety, whose determination in accordance with this subsection shall be final.
(Ord. No. 04-27-3116)