(A) If the alarm administrator assesses a fine or denies the issuance, renewal or reinstatement of an alarm permit, the alarm administrator shall send written notice of the action and a statement of the right to an appeal to either the affected applicant or alarm user and the alarm installation company and/or monitoring company.
(B) The alarm user, alarm installation company or monitoring company may appeal an assessment of a fine or the suspension of an alarm permit to the alarm administrator by setting forth in writing the reasons for the appeal within ten business days after receipt of the fine or notice of suspension and by submitting a certified check in the amount of $25 payable to the city to cover the cost of processing the appeal. The payment for the cost of the appeal will not be refunded.
(C) The alarm user, alarm installation company or monitoring company may appeal the decision of the alarm administrator by requesting, within ten business days from the date of the decision, that the alarm administrator forward the appeal to the City Manager. The alarm administrator will, within five business days of such a request, provide the City Manager with notice of the appeal. The City Manager shall, within a period of 30 days from receipt of the notice of appeal from the alarm administrator, hear the appeal and the facts as presented by the appellant and the alarm administrator, affording both parties a reasonable and equal amount of time for the presentation of facts, evidence, and the questioning and cross-examination of witnesses. Within ten business days of the hearing, the City Manager shall render a final, written decision affirming or reversing the decision of the alarm administrator. Such written decision shall be filed with the City Secretary.
(D) Filing of a notice of appeal shall stay the action by the alarm administrator suspending an alarm permit or requiring payment of a fine, until the City Manager has rendered a decision. If a request for an appeal to the City Manager is not made within the required ten business day period, the action of the alarm administrator is final.
(E) The alarm administrator may adjust the count of false alarms based on:
(1) Evidence that a false alarm was caused by an Act of God;
(2) Evidence that a false alarm was caused by action of the telephone company;
(3) Evidence that a false alarm was caused by a power outage;
(4) Evidence that the alarm dispatch request was not a false alarm; and/or
(5) Evidence that a city emergency service response was not completed in a timely fashion.
(F) With respect to fines of an alarm installation company or monitoring company the alarm administrator may take into consideration whether the alarm company or monitoring company has engaged in a consistent pattern of violations.
(Ord. OR-1775-10, passed 8-9-10; Am. Ord. OR-1790-10, passed 11-8-10; Am. Ord. OR-2206-21, passed 4-26-21)