(A) Civil penalty. Any person:
(1) Who fails to comply with the requirements of this code, or the terms of a permit issued hereunder;
(2) Who undertakes an activity regulated by this code without first obtaining a permit; or
(3) Who fails to comply with a stop work order issued pursuant to this code, shall also be subject to a civil penalty, which civil penalty shall not to exceed $2,000 per violation, exclusive of restitution or false alarm fee. However, each day that a violation continues shall constitute a separate violation.
(B) Civil penalty upon alarm system provider. In lieu of or in addition to any penalty provided by law, a civil penalty may be imposed upon an alarm system provider whenever the provider, or the provider's officer, agent or employee, violates §§ 131.132, 131.133, 131.134 or 131.135. The civil penalty in division (B) for the first violation in a calendar year is $300. The civil penalty for the second violation in a calendar year is $500. The civil penalty for the third violation and each subsequent violation thereafter in a calendar year is $1,000.
(C) Civil penalty appeal. The assessment of civil penalties, and appeals therefrom, shall follow the procedures set forth in § 131.135.
(D) Burden of proof. In any appeal ofthe assessment ofa civil penalty, there shall be a rebuttable presumption that an alarm was false if the enforcement officer or official makes a prima facie showing that law enforcement and/or fire officials:
(1) Responded to an alarm;
(2) Checked the premises according to standard operating procedure; and
(3) Were unable to discover any evidence of unauthorized entry, criminal activity or fire. If the enforcement officer makes a prima facie showing, then the burden ofpersuasion shall shift to the appellant to demonstrate no false alarm occurred.
(E) Infraction. In addition to any fines, penalties and/or remedies authorized by the Fire Prevention Code, a violation of any other provision of the Fire Prevention Code is an infraction and is a separate offense for each day the violation continues.
(F) Effective date; finality; appeal; stay; undertaking. A notice of civil penalty shall be effective upon issuance and shall become final upon expiration of the time for filing an appeal. If a notice of appeal of a civil penalty decision is timely filed, the penalty shall become final upon expiration of the time for filing an appeal and, if applicable, the final reviewing body's written decision concerning the civil penalty. There shall be no stay of enforcement of the original decision except upon a written request for stay and an undertaking equal to not less than 125% of the civil penalty assessed. If the appeal is denied, any undertaking shall be applied to the civil penalty. City shall also recover its costs and disbursements, if any, for hearing the appeal. Any undertaking remainder shall then be refunded to appellant. If appellant prevails, then the undertaking shall be refunded to appellant in whole or part in like proportion to the decision.
(Ord. 16-427, passed 5-11-2016)