A. The mayor shall appoint such hearing officers as he or she deems appropriate to consider matters relating to violations of this chapter.
B. Any alarm user shall have ten (10) business days from the date of the city's written notice of a penalty assessment under this chapter to request in writing an appeal hearing before such hearing officer. The filing of an appeal with the alarm administrator shall stay the assessment of additional penalties for that violation until the hearing officer makes a final decision. The burden to prove any matter shall be upon the person raising such matter. It shall not be a defense to any penalty assessment that: 1) the false alarms were the result of faulty or malfunctioning equipment; 2) the false alarms were caused by electrical surges; or 3) the false alarms were caused by the fault of another person during noncriminal incidents. The hearing officer shall render a decision within ten (10) days after the appeal hearing is concluded. Following issuance of such decision, additional penalty assessments shall accrue until paid, as provided in this chapter.
C. If the hearing officer finds that no violation of this chapter occurred, or that a violation occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the penalty and release the alarm user from liability thereunder, or may reduce the penalty associated therewith as he or she shall determine. Such defenses are:
1. The false alarm for which the penalty has been assessed did not originate at the premises of the alarm user who has been assessed the fee;
2. The alarm for which the penalty has been assessed was, in fact, not false, but was rather the result of an actual or attempted burglary, robbery or other emergency;
3. The police dispatch office was notified by the permit holder or the alarm company that the alarm was false prior to the arrival of a peace officer to the subject premises in response to the false alarm; or
4. Such other mitigating circumstances as may be approved by the city law department.
D. If the hearing officer finds that a false alarm did occur and no applicable defense exists, the alarm administrator may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable fees and penalties. (Ord. 64-00 § 1, 2000)