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A. An alarm user shall have the right to request a hearing to contest the imposition of any penalty under this chapter including, the imposition of any fee, suspension of any permit, or the determination of a false alarm. A written request for a hearing must be filed by the alarm user with the department of public safety within ten (10) business days for the date of mailing of the notice of imposition of the penalty. Notice of the imposition of a penalty shall be considered satisfied if sent by regular mail to the alarm user's address listed in the alarm users's alarm information card. The request for a hearing shall include the alarm user's name, address, telephone number, and a statement of the reasons for disputing the imposition of the penalty. A timely request for a hearing shall stay the imposition of any penalty until the hearing is decided. The city's determination of a false alarm, the imposition of a service fee, or suspension of a permit shall be considered final if the alarm user fails to request a hearing within the time period set forth above.
B. The director of public safety or designated representative shall conduct any hearings requested by the alarm users and shall affirm, modify, or vacate the imposition of the penalty after considering all of the evidence presented. An alarm shall be presumed to be a false alarm unless the alarm user can establish the existence of an emergency or other hazard at the time of the alarm by a preponderance of the evidence. The burden of proving the existence of an emergency shall be upon the alarm user. Hearings shall be conducted informally.
C. An alarm user may appeal the decision of the director of public safety or designated representative, to the city administrator by filing a written request for a hearing with the city administrator within ten (10) business days of the decision rendered in the initial hearing. If no request for an appeal hearing is made within the ten (10) day period, the decision rendered in the initial hearing shall be considered final. The appeal hearing shall be conducted by the city administrator or designee. The city administrator or designee, shall affirm, reverse, or modify the decision rendered in the initial hearing and the action taken in the appeal hearing shall be final. (Ord. 2003-9, 7-1-2003)