§ 119.010 APPEALS.
   (a)   If the alarm administrator assesses a civil penalty, the alarm administrator 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 appeal assessment of a civil penalty through the procedures established by the administrative code provisions of this code according to the procedure set forth in §§ 30.040 through 30.046 of this Code.
   (c)   Filing of a request for appeal shall stay the action by the alarm administrator requiring payment of a civil penalty while the appeal is pending.
   (d)   The alarm administrator, board or hearing examiner may adjust the count of false alarms based on:
      (1)   Evidence that a false alarm was caused by circumstances beyond the control of the alarm user;
      (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 hours;
      (4)   Evidence that the alarm dispatch request was not a false alarm;
      (5)   Evidence that the law enforcement officer response was not completed in a timely fashion; and/or
      (6)   In determining the number of false alarms, multiple alarms occurring in any 24-hour period shall 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 civil penalties of an alarm installation company or monitoring company, the alarm administrator, board or hearing examiner may take into consideration whether the alarm company had engaged in a consistent pattern of violations.
(Ord. 72-12, passed 9-4-2012)