(A) Any party aggrieved by a decision of the Alarm Administrator may appeal the determination of false alarms by submitting a report to the Alarm Coordinator within 20 days of the date of mailing of the written false alarm notification. The report shall contain:
(1) A description of the action taken to discover and eliminate the cause of the false alarm(s).
(2) The specific reason(s), if any, why the false alarm(s) should not be subject to an assessment. Evidence that an alarm was caused by an act of nature, common cause or action of the telephone company shall constitute valid reasons why an assessment should not be imposed. With respect to subscribers only, evidence that the false alarm was due to defective equipment or other fault of the alarm business shall relieve the subscriber from liability and shall shift the responsibility to the alarm business monitoring the alarm or alarm system.
(3) If the report required in division (A) is not submitted within the specified time period any further review or appeal of the assessment shall be considered to have been waived by the aggrieved party and they shall be held liable for the false alarm assessment.
(4) After submission of the report required above, the Alarm Coordinator shall review the information provided and may make a determination regarding the cause of the false alarm and the specific reason(s), if any, for the false alarm(s). The Alarm Coordinator may:
(a) Overrule the assessment, finding that the corrective action taken will substantially reduce the likelihood of false alarms, or that a valid reason for the false alarm(s) has been shown, and the aggrieved party is not liable for the assessment as imposed by the Alarm Administrator, or
(b) Uphold the assessment, finding that the corrective action taken or to be taken will not substantially reduce the likelihood of false alarms or that a valid reason for the false alarm(s) has not been shown and the aggrieved party is liable for the assessment as imposed by the Alarm Administrator.
(5) Written notice shall be sent to the aggrieved party indicating the decision of the Alarm Coordinator and shall set forth the findings and conclusions with respect to the review of the report submitted.
(B) Any person who violates this section shall be subject to the general penalties for violating this code as contained in § 3-3-8-15.
(Ord. 1, 2016, passed 3-7-2016)