(A) Within ten days of the date of receipt of a notice of alarm violation, an alarm user wishing to appeal a false alarm violation and the associated fee as a result of a condition described in § 90.07 may do so by a written appeal request.
(B) The appeal request, directed to the Police or Fire Department, shall contain documentation of the applicable condition as described in § 90.07.
(C) The Police Chief or Fire Chief, or a designated representative, shall make a determination on the appeal request and shall notify the alarm user of the decision in writing.
(D) In the event the alarm user is not satisfied with the decision rendered by the Police or Fire Chief, or a designated representative, the alarm user, within ten days of the determination of the Police or Fire Chief, may file with the City Manager a written request that the determination be reconsidered.
(E) The City Manager or his or her designee shall decide whether to uphold or set aside in whole or in part the decision reached by the Police or Fire Chief. The alarm user shall be notified of that decision in writing. If the alarm user believes it is necessary to appeal the decision, he or she may have the opportunity to personally be present and may be heard on the matter by the City Manager or his or her designee.
(F) In determining appeals, the Police or Fire Chief, or the City Manager or his or her designee, shall take into account the following criteria:
(2) The provisions of § 90.06 and 90.99 respecting false alarm fees;
(3) All police reports and other records respecting the alleged false alarms; and
(4) The credibility of testimony and other evidence presented at the appeal.
(G) An alarm user aggrieved by the decision of the City Manager to require payment of a false alarm fee may appeal the decision of the City Manager in a court of competent jurisdiction.
(Prior Code, § 90.08) (Ord. D-665, passed 9-8-1964, effective 11-1-1964; Ord. D-1681, passed 12-21-1992, effective 12-31-1992; Ord. D-1719, passed 7-25-1994, effective 8-4-1994; Ord. D-1906, passed 12-3-2001, effective 12-13-2001) Penalty, see § 90.99