§ 99.08 APPEAL FROM FALSE ALARM SERVICE CHARGES, SUSPENSION OF RESPONSE OR ORDER TO DISCONTINUE SERVICE.
   (A)   If the Alarm Administrator assesses a false alarm service charge, suspends Police or Fire Department responses to alarm system notification, or orders service of an alarm system discontinued, the Alarm Administrator shall send notice to the applicant or alarm user by certified mail, return receipt requested, setting forth the Alarm Administrator's decision and a statement of the right to an appeal on any of the grounds set forth in § 99.06(G)(2) of the Code of Ordinances. The applicant or alarm user may appeal the decision of the Alarm Administrator to the City Manager by filing with the City Secretary a written notice of appeal and request for a hearing, setting forth the reasons for the appeal, within 14 days after the notice was mailed by the Alarm Administrator. The filing of a request for appeal hearing with the City Secretary stays an action of the Alarm Administrator until the City Manager makes a final decision. If the request for an appeal hearing is not made within such 14 days period, the action of the alarm administrator is final.
   (B)   The City Manager shall conduct a hearing on the appeal and consider evidence offered by the person making the appeal. The formal rules of evidence do not apply at an appeal hearing, but the City Manager may adopt rules for the orderly conduct of the hearing and shall make a decision on the basis of the preponderance of the evidence presented at the hearing. The criteria set forth in § 99.06(G)(2) shall serve as the basis for any appeal of the assessment of a false alarm service charge. The City Manager shall render a decision on the appeal within 45 days after the hearing and, if no decision is made within that time, the decision of the Alarm Administrator shall be deemed affirmed. The City Manager may affirm, reverse or modify the action of the Alarm Administrator and the decision of the City Manager is final as to the administrative remedies of the city.
(Ord. 2001-19, passed 6-12-01; Am. Ord. 2022-66, passed 11-8-22)