§ 131.135  FALSE ALARM FEE, ADMINISTRATIVE DECISION; APPEAL.
   (A)   False alarm fee. The owner of any premises having a fire and/or security alarm system shall at owner's sole expense install, operate, maintain and repair that system to prevent a false alarm (a.k.a. "owner's legal duty"). The owner of any premises that has generated, and/or the person responsible for, a false alarm shall be liable to the city for the costs incurred by the city in response to the false alarm at the rate prescribed by City Council resolution. These costs shall be the false alarm fee ("FAF") as initially specified in Table I-1 below. The false alarm fee shall be due and payable 30 days after invoice by the Fire Chief or Police Chief for any false alarm of a fire alarm system or security alarm system,  respectively. If no City Council resolution establishes a false alarm fee rate, then false alarm fee shall be the costs of responding to a false alarm, including but not be limited to:
      (1)   The pay and benefits accruing to any public employee of the city, Fire District and/or Police Department for their time responding to, whether or not present at, the scene of the alarm:
      (2)   The reasonable value for the maintenance and use of fire fighting, police and support equipment present and available for use at scene; and
      (3)   The reasonable value of each volunteer fire fighter and/or Police Department volunteer responding which value shall be not less than the commensurate pay and benefits of a similar public city/Fire District/Police Department employee.
   (B)   Waiver of false alarm fee. The Fire Chief or Police Chief may waive all or part of a false alarm fee assessed under division (A) of this section upon finding one or more of the following that:
      (1)   The alarm system has been regularly inspected by experienced technicians familiar with its design and operation and the environment in which it is installed.
      (2)   All repairs, replacements, and preventive maintenance recommended by the service personnel who inspected the system have been performed.
      (3)   The cause of the false alarm was not the result of misuse or neglect in the use or maintenance of the system and the cause cannot be identified despite thorough inspection, testing and analysis by an experienced technician familiar with its design, operation, and the environment in which it is installed.
      (4)   An experienced technician familiar with the alarm system's design, operation, and the environment in which it is installed has provided a written opinion that the system is unlikely to produce another false alarm from the same cause.
      (5) The false alarm was not the result of owner error or neglect.
      (6) The cause of the false alarm has been positively identified and corrected.
      (7)   The false alarm was caused by unauthorized tampering with a fire alarm system by someone other than the owner.
      (8)   Based on articulated facts, a waiver is otherwise in the best interests of the city.
   (C)   "Two waivers" limitation. No more than 2 false alarms may be waived for any person or premises during any consecutive 365-day period, unless the owner or person provides satisfactory evidence that:
      (1)   In the case of system failure, each component of the fire and/or security alarm system whose malfunction or failure produced the false alarm have been replaced or repaired by competent technicians: or
      (2)   In the case of negligent or intentional acts of the owner, the owner has provided proof of adequate training of all employees and agents in practices that will prevent the future negligent, intentional and/or accidental triggering of the fire and/or security alarm system.
   (D)   Appeal to City Manager. An owner who has been assessed a false alarm fee may appeal all or part of the false alarm fee by filing a written notice of appeal with the City Manager within 30 days of receiving the false alarm fee invoice ("FAF invoice").  Owner's notice of appeal shall:
      (1)   State the date owner received the false alarm fee invoice;
      (2)   State the issue or issues being appealed;
      (3)   Cite the rules or laws which apply to the issue;
      (4)   Present or list the facts supporting owner's position to which the law applies;
      (5)   Present owner's analysis of the facts and law;
      (6)   Present a conclusion; and
      (7)   Specify the remedy or decision requested from the city. The City manager shall make a decision to affirm, deny or modify the FAF invoice within 30 days of receiving owner's notice of appeal. Prior to the City Manager's decision here, the City Manager and owner may negotiate and settle the FAF invoice. Settlement shall be in writing, signed and dated. Any City Manager decision on owner's appeal shall:
         (a)   Be in writing;
         (b)   State the date City Manager received owner's written notice of appeal;
         (c)   State the issue or issues being appealed;
         (d)   Cite the rules or laws which apply to the issue;
         (e)   Present or list the facts, law and analysis supporting City Manager's decision.
   (E)   Appeal to City Council. An owner who does not agree with the City Manager's decision may appeal that decision to the City Council within 30 days of receiving the City Manager's decision by filing a notice of appeal to City Council with the City Manager. Owner must sign and date owner's notice here. This notice must contain the information in division (D) above and the date owner received City Manager's decision. This matter shall be set for hearing and heard before the City Council as soon as practicable, but no later than 60 days from the date of City Manager's decision or the second regular City Council meeting next following that decision, whichever is later. City shall notify owner of the date, time and place of the hearing. City Council will review the FAF invoice and City Manager decision de novo. City Council's decision shall be reduced to writing and mailed first-class mail to owner within 30 days.
   (F)   Appeal of City Council decision. Appeal of a City Council decision shall be by writ of review only, O.R.S. 34.010 et seq.
   Table I-1: False Alarm Fees
Permit
False Alarm Event/Calendar Year
Fee
§ 131.135(A)
First
$0
Second
$50
Third
$100
Fourth
$150
Fifth
$200
Sixth
$250
 
(Ord. 16-427, passed 5-11-2016)