§ 93.25 DENIAL OR REVOCATION; APPEALS.
   (A)   Any denial of an application for an alarm system permit shall be made in writing, with a statement of the reasons for the denial. An application may be denied by the Chief of Police, Chief of Fire, or their designee for the following reasons:
      (1)   Falsification of any statement on the application.
      (2)   History of malfunctioning of an alarm system on the premises.
      (3)   Whether the alarm system was installed with benefit of a building permit and was accepted by the City Building Department.
      (4)   Other pertinent factors which would impact on the ability or frequency of Police or Fire/Rescue response to the premises.
   (B)   An alarm permit may be revoked by the Department of Planning and Development Services if the alarm user or any one acting on behalf of the alarm user:
      (1)   Fails to respond to an activated alarm when requested to do so by the Police Department or the Department of Planning and Development Services;
      (2)   Allows the occurrence of more than ten false alarms to which the Police Department responds within a permit period;
      (3)   Has been found to have falsified information on the alarm permit application; or
      (4)   Fails to take any corrective action, including inspection and approval by a licensed alarm business, when prescribed by the Department of Planning and Development Services to prevent the reoccurrence of false alarms.
   (C)   Any person whose application for an alarm permit has been denied or any alarm user whose permit has been revoked may appeal such action by filing a written request for a hearing before the City Commission within 15 days of notice of denial or revocation.
      (1)   At the hearing, the applicant or alarm user may present evidence and witnesses in support of his or her position, and the Police Chief or the Fire Chief or their designee may present evidence or witnesses in support of the denial or revocation. Upon reasonable notification to the Police Chief, Fire Chief or their designee, the applicant or alarm user shall be entitled to have present at the hearing any city or Police Department personnel who have knowledge of the reasons for denial or revocation of the permit. The burden to establish that the denial or revocation of the permit was improper shall be on the user.
      (2)   After hearing the evidence and after taking into consideration all other relevant facts and circumstances, the City Commission may either uphold or reverse the decision of the Police Chief, Fire Chief or their designees.
('72 Code, § 22-30) (Ord. O-85-21, passed 5-1-85; Am. Ord. O-93-57, passed 11-3-93; Am. Ord. O-94-03, passed 1-19- 94; Am. Ord. O-2011-15, passed 5-4-11)