8.48.145   False alarm fees - Appeals.
   A.   Request for a Hearing. Any person who has been assessed a fee imposed under section 8.48.140 may appeal the fee to the city council by filing a notice of appeal to the city clerk within fifteen days from the date the fee was assessed and depositing the full amount of the assessed fee and/or imposed fine with the city.
   B.   Waiver of Right to Hearing. The appellant’s failure to appear at a scheduled hearing shall be deemed an admission of guilt and failure to exhaust administrative remedies. The appellant shall be deemed to have waived the right to a hearing and the right to judicial review of the imposition of the fee.
   C.   Decision in Favor of the Appellant. If the city council decides in the favor of the appellant in whole or in part, the appellant shall be refunded the fee consistent with the city council’s decision. City council rejecting a fee assessment shall not preclude the city from the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.
   D.   Judicial Review. Any action to challenge the city council’s decision must be filed within ninety (90) days of the city council’s decision becoming final, pursuant to Code of Civil Procedure § 1094.6.
(Ord. 2013-07-1456 § 1 (part))