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(a) The Tax Collector shall notify the alarm user in writing after each false alarm. The notification shall include: the amount of the penalty for the false alarm, and a description of the appeals procedure available to the alarm user.
(b) The Tax Collector will notify the alarm user and the alarm installation company or monitoring company in writing after an alarm license has been suspended or revoked. This notice will include the reason(s) for the suspension or revocation, any outstanding fees or penalties, any outstanding corrective actions required by the Tax Collector, and a description of the appeals procedure available to the alarm user and the alarm installation company or monitoring company.
(c) Notice shall be by first class mail to the alarm user within fifteen (15) days of police response to a false alarm or to the alarm user and the alarm installation company or monitoring company within fifteen (15) days after an alarm license has been suspended or revoked.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(a) If the Tax Collector revokes or suspends an alarm license, assesses a penalty, or denies the issuance, renewal or reinstatement of an alarm license, the Tax Collector shall send written notice of the action and a statement of the right to an appeal to either the affected applicant or alarm user and the alarm installation company and/or monitoring company.
(b) The alarm user, alarm installation company or monitoring company may, within 15 days from the date the assessment of a fee or a license revocation is served, protest the assessment of the fee or license revocation by either (1) requesting a hearing to be conducted by mail, or (2) requesting an in-person hearing. If a protest is not filed within 15 days as provided in this Section, the decision of the Tax Collector shall be final.
(1) Hearing by Mail. An alarm user, alarm installation company or monitoring company may protest the assessment of a fee or license revocation by paying the fee, if any, and requesting a hearing to be conducted by mail from the Tax Collector. The request must be made in writing, in the format prescribed by the Tax Collector. Protests must be mailed together with the fee, if any, to the Office of the Treasurer & Tax Collector at the address provided on the assessment of a fee or license revocation. The request for a hearing by mail must specify the basis for the protest in detail and must be accompanied by evidence supporting the protest. The Tax Collector may request that the protesting party provide any additional information necessary to decide the validity of the assessment of a fee or license revocation. The Tax Collector shall evaluate the protest and notify the protesting party of the decision by mail within 30 days of receipt by the Tax Collector of all information and evidence. The notice shall include a copy of the Tax Collector's written determination. The Tax Collector's decision shall be final.
(2) In-Person Administrative Hearing. An alarm user, alarm installation company or monitoring company may protest the assessment of a fee or license revocation by paying the fee, if any, and filing a petition for redetermination pursuant to Section 6.13-1 of the Business and Tax Regulations Code. A hearing on the petition for redetermination of an assessment of a fee or license revocation shall proceed in the same manner as a petition for redetermination of a tax. Any reference in Sections 6.13-1 et seq. to taxes, penalties or interest shall be deemed to also apply to the hearing of an assessment of a fee or license revocation under this Article. If the protesting party fails to appear for the hearing, a default judgment shall be entered against the party. The party will automatically be deemed liable for the fee or to have consented to the license revocation, together with any additional fees and interest.
(3) In any hearing conducted under subsections (b) (1) or (b)(2), the burden of proof shall be on the person protesting the assessment of a fee or license revocation to demonstrate that the assessment of the fee or the revocation of the license was arbitrary and capricious or beyond the jurisdiction of the Tax Collector.
(c) The Tax Collector or the hearing officer may adjust the count of false alarms based on:
(1) Evidence that a false alarm was caused by an Act of God;
(2) Evidence that a false alarm was caused by action of the telephone company;
(3) Evidence that a false alarm was caused by a power outage lasting longer than four (4) hours;
(4) Evidence that the alarm dispatch request was not a false alarm;
(5) Evidence that the police officer response was not completed in a timely fashion; and/or
(6) In determining the number of false alarms, multiple alarms occurring in any twenty-four (24) hour period may, in the Tax Collector's or the hearing officer's discretion, be counted as one false alarm, to allow the alarm user time to take corrective action unless the false alarms are directly caused by the alarm user.
(e) With respect to penalties imposed against an alarm installation company or monitoring company, the Tax Collector or the hearing officer may take into consideration whether the alarm company had engaged in a pattern of violations.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(a) A person whose alarm license has been revoked or suspended may, at the discretion of the Tax Collector, have the alarm license reinstated if the person:
(1) In the case of revocation, submits a new application and pays a reinstatement fee equal to one-half of the license renewal fee;
(2) Pays, or otherwise resolves, all outstanding fees and penalties; and
(3) Submits a certification from an alarm installation company, stating that the alarm system has been inspected and repaired (if necessary) by the alarm installation company.
(b) In addition, the Tax Collector may require one or more of the following as a condition to reinstatement:
(1) Proof that an employee of the alarm installation company or monitoring company caused the false alarm;
(2) Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01;
(3) A written statement from an independent inspector designated by the Tax Collector that the alarm has been inspected and is in good working order;
(4) Confirmation that all motion detectors are "dual technology" type;
(5) Confirmation that the alarm system requires two independent zones to trigger before transmitting an alarm signal to the monitoring company;
(6) Confirmation that the alarm system requires two independent detectors to trigger before transmitting an alarm signal to the monitoring company;
(7) Certification that the monitoring company will confirm the need for police response by a listening device;
(8) Certification that the monitoring company will confirm the need for police response by a camera device; or
(9) Certification that the monitoring company will confirm the need for police response by a person at the alarm site.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(a) Any fee or penalty imposed under this article shall be delinquent 30 days after the same becomes due or a decision has been issued in an appeal under the Article, whichever occurs later. Penalties for late payment, in part or in full, shall accrue at the rate of one (1) percent each month, compounded.
(b) Any fee or penalty imposed under this Article shall be deemed a debt to the City and County of San Francisco. An action may be commenced in the name of the City and County of San Francisco in any court of competent jurisdiction for the amount of any delinquent fees or penalties and court costs as deemed reasonable.
(c) The City and County of San Francisco may create and impose liens against any property owned or operated by a person who fails to pay any fee or penalty imposed under this Article. Liens shall be imposed and collection pursuant to the procedures provided in Article XX of Chapter 10 of the San Francisco Administrative Code.
(d) In addition to any other penalties provided by the law, the City Attorney may bring a civil action and/or seek injunctive relief to enforce the provisions of this Article.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003)
Issuance of an alarm license is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm license, the alarm user acknowledges that law enforcement response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003)
(a) The alarm license fee (original or annual renewal) for a commercial premises shall be $60. The alarm license fee (original or annual renewal) for a residential premises shall be $40. The license shall be pro-rated, on a quarterly basis, for new licenses obtained after February 1.
(b) Beginning with fiscal year 2003-2004, the fees set in this Section may be adjusted, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller.
No later than April 15th of each year, the Tax Collector shall submit the current fee schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule for the following year; provided, however, that the fees shall only be adjusted in five-dollar increments, when cumulative changes in the Consumer Price Index since the last fee adjustment justify an increase or decrease of at least five dollars.
No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which each fee is assessed, and (b) the fees do not produce revenue which is significantly more than the costs of providing the services for which each fee is assessed.
(Added by Ord. 154-02, File No. 021078, App. 7/12/2002; amended by Ord. 30-03, File No. 021995, App. 2/28/2003; Ord. 297-04, File No. 041336, App. 12/24/2004; Ord. 175-13
, File No. 130551, App. 8/2/2013, Eff. 9/1/2013)
(a) On the effective date of this ordinance, every alarm monitoring company doing business in San Francisco shall send to the Tax Collector a complete list of its customers with alarm systems located in San Francisco; the list shall be in a format acceptable to the Tax Collector. The list shall include: the name of each customer, the customer's billing address, the location(s) of the alarm system(s), and such other information as the Tax Collector may request. The customer lists shall be kept confidential to the full extent allowed by law.
(b) No later than March 1, 2003, every alarm monitoring company doing business in San Francisco shall notify and bill each of its customers for the license fee required under this Article. This bill shall be due and payable within 30 days. The bill may be part of the company's regular billing or a separate billing, and shall be in a form approved by the Tax Collector. The company shall also provide the customer with a copy of the license application form. No later than April 1, 2003, the company shall send a follow-up notice to its customers who have not yet paid the fee in full. The company shall be responsible for collection of the license fee from the customer.
(c) No later than May 1, 2003, the alarm monitoring companies shall remit to the Tax Collector all license fees collected, all completed license applications received, as well as a list of customers who have not paid the fee in full and a list of customers who paid after April 1, 2003.
(d) Notwithstanding the provisions of Section 3720(a), license fees for existing customers of alarm monitoring companies as of March 1, 2003 shall not be prorated for calendar year 2003.
(Added by Ord. 30-03, File No. 021995, App. 2/28/2003)
(Former Sec. 3721 added by Ord. 154-02, File No. 021078, App. 7/12/2002; renumbered as Sec. 3722 by Ord. 30-03, File No. 021995, App. 2/28/2003)
The provisions of this Ordinance are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision.
(Added as Sec. 3721 by Ord. 154-02, File No. 021078, App. 7/12/2002; renumbered by Ord. 30-03, File No. 021995, App. 2/28/2003)