(A) Any alarm subscriber, user or alarm business aggrieved by a decision of the Alarm Coordinator made pursuant to this chapter, may, within ten days of receipt of notice of the decision, appeal to a hearing officer designated by the City Manager. A copy of the appeal request shall be sent to the alarm coordinator and to the alarm business, if any. The primary purpose of the chapter shall be to reduce false alarms and the Police Department and Fire Department’s costs in responding to such activations, not to collect revenue.
(B) The request for an appeal shall set forth the specific objections to the decision of the Alarm Coordinator which form the basis of the appeal. Specific objections may include;
(1) Acts of God;
(2) Common cause;
(3) Action of the telephone company;
(4) Actual emergency situations;
(5) Police Department personnel did not arrive at the premises;
(6) The cause of the false alarms has been addressed and sufficient changes have been made to prevent future false alarms;
(7) User certification that the alarm business (if a subscriber of an alarm business) failed to follow requirements of § 117.03(B).
(C) The hearing officer shall review the subscriber's objections to coordinator's notice of decision within ten working days of receipt of the appeal request. All assessments shall be stayed until completion of the review. The decision of the hearing officer shall be based upon the evidence presented and shall pertain to that hearing only.
(D) The hearing officer shall make one of the following rulings:
(1) Affirm the decision of the Alarm Coordinator, in which case any assessment or permit revocation imposed pursuant to this chapter shall be sustained; or
(2) Reverse the decision of the Alarm Coordinator, in whole or in part, in which case no assessment shall be imposed; or
(3) Return the case to the Alarm Coordinator with a recommendation, based on evidence submitted, that the proximate cause of the false alarms was the failure of the alarm business to adhere to § 117.03(B), in which case an assessment may be charged by the Alarm Coordinator to the alarm business; or after repeated such findings, that the business license of the offending alarm business could be revoked.
(Ord. 1002, passed 3-14-96; Am. Ord. 2008-003, passed 1-10-08; Am. Ord. 2015-001, passed 5-14-15)