(a) An alarm user may appeal a false alarm determination and/or assessment of a service fee by filing a written notice of appeal to the alarm coordinator within five business days of receipt of the notice that a service fee(s) has been assessed.
(1) The notice of appeal must state the date of the alarm being disputed and the reasons why the alarm user believes the false alarm determination to be incorrect.
(2) The alarm coordinator will make a determination in writing within five business days of receipt of the notice of appeal.
(3) The determination of the alarm coordinator may be appealed to the Police Chief if the appeal is made in writing within five business days of receipt of the alarm coordinator's findings. If the Police Chief determines that eight or more false alarms have occurred during the preceding 12-month period, at the alarm site, the alarm permit shall be revoked unless the false alarm fee(s) are paid. The decision of the Police Chief is final.
(b) Except for revocations following an appeal as provided for in subsection (a) of this Section 70-58, an alarm user may appeal the suspension or revocation of an alarm permit to the Police Chief by filing a written request for a hearing within ten days of receipt of the notification of permit suspension or revocation.
(1) If a hearing before the Police Chief is requested, the alarm coordinator shall notify the alarm user by certified mail of the time and place of the hearing at least five days prior to the hearing date, which date shall be not less than ten days after the filing of the request for a hearing.
(2) At the hearing, the alarm user may present written and oral evidence as to the reasons the permit should not be suspended or revoked. The formal rules of evidence do not apply at an appeal hearing and the Alarm Coordinator may present any records or other evidence deemed probative by the Police Chief or Alarm Coordinator.
(3) The Police Chief shall make a decision to uphold or overturn the suspension or revocation based upon a preponderance of the evidence presented at the hearing. If the suspension or revocation is upheld, the alarm user may apply for reinstatement of the alarm permit as provided for under subsection (c) of Section 70-57 of this article.
(c) All administrative actions may be appealed to the City Manager or his designated representative by giving written notice of such appeal to the City Manager's office within ten days of such action. A record of the hearing before the Chief of Police shall be submitted and may be supplemented in writing by the parties to the appeal. The appeal to the City Manager or the City Manager's designee shall be in writing, unless otherwise directed by the City Manager. The decision of the City Manager or his designee shall be final..
(Ord. No. 3075, § 2, 10-25-01; Ord. No. 3907, § 2, 12-12-13)