4.39.080   False alarm service charges.
   (a)   There is imposed upon every alarm user whose alarm system causes three or more false alarms within twelve months a false alarm service charge. A separate charge shall be imposed for each false alarm in excess of two as set forth in the municipal fee schedule.  When the alarm business or alarm user notifies the public safety communication center that there is not an existing situation at the alarm site requiring emergency services response, within three minutes of dispatch and prior to emergency personnel arriving at the scene, no fee will be assessed.
   (b)   Service charges shall be due and payable and are delinquent after thirty days of the mailing of a bill from the city. Interest for delinquency in remittance of any service charge or any deficiency in remittance shall attach at the rate of ten percent each month on the delinquent or deficient charge, but such interest shall not be compounded.
   (c)   Debt to City. All fees and charges levied pursuant to this chapter shall constitute a valid and subsisting debt in favor of the city and against the alarm user for whom services were rendered. If the amount remains unpaid, a civil action may be filed with the appropriate court for the amount due together with any interest or penalties, any related charges and fees accrued due to nonpayment, and all fees and charges required to file and pursue such civil action.
   (d)   An alarm user may appeal any alarm service charge under this section by submitting a letter of appeal to the police or fire department alarm administrator explaining the basis for the appeal within fifteen days of the mailing of the bill for that service charge. While the appeal is pending, the bill shall not be due and payable. An administrative hearing officer shall set a time and place for a hearing on the appeal within fifteen days after receipt of the letter of appeal. Failure to file a timely letter of appeal shall be a waiver of the alarm user’s right to a hearing; however, the administrative hearing officer may set a date for a hearing if there is cause to believe that it might encourage substantial cooperation from the alarm user. At the time and place set for the hearing upon the appeal, the administrative hearing officer shall hear evidence as to whether the alarm service charge should be imposed in whole or in part. The burden of proof shall be upon the appellant to show that there was no substantial evidence that the alarm service charge was properly imposed as provided in this chapter. Within ten days after the conclusion of the hearing, the administrative hearing officer shall render a decision on the appeal. The decision shall be final. Notification of the decision shall be mailed to the appellant within three days of the decision. If the appeal is denied, the notification shall inform the alarm user of the exact date that the alarm service charge shall become due and payable, which date shall in no event be sooner than five days after notice of the decision has been mailed.
   (e)   In addition to any service charges or fees imposed by authority of this chapter, an alarm user may also be subject to penalties for violating any of the mandatory requirements of the chapter or Chapter 15.04, as provided in Chapters 1.12 and 1.16 of this code.
(Ord. 5441 § 1 (part), 2018: Ord. 5402 § 2, 2016; Ord. 4726 § 2 (part), 2002)