(A) Permit revocation. The Alarm Director or the Chief of Police may revoke any permit issued pursuant to the provisions of this chapter, if he determines that:
(1) An alarm has been installed, maintained or operated in violation of the provisions of this chapter; or
(2) There is a false statement of a material matter in the application for the alarm user permit; or
(3) The permitted alarm user has failed to make timely payment of any charge, fee or fine required under this chapter; or
(4) There have been 11 or more false alarms on a protected premises within a calendar year (January 1st through December 31st).
(B) Effect of revocation. Where an alarm permit is required, no alarm user shall operate an alarm during any period in which the alarm user permit issued therefor has been revoked. Unless there is a separate indication that there is a crime in progress, the Chief of Police may refuse to respond to an activated alarm for which the alarm user permit has been revoked.
(C) Notice and hearing. Prior to revoking any alarm user permit issued pursuant to this chapter, the Alarm Director shall provide the alarm user with written notice, via certified mail or personal delivery, setting forth the grounds for said revocation. The alarm user shall be entitled to submit a written report to the Alarm Director provided that the alarm user submits such a written report within 14 days from the date of mailing or personal delivery of the Alarm Director's notice of the revocation. In the report, the alarm user may describe actions that have been taken or will be taken to identify and eliminate the cause or causes of the false alarm(s). The Alarm Director shall determine whether the actions that have been taken or that will be taken will substantially reduce the likelihood of false alarms, if such revocation is based on the occurrence of eleven or more false alarms; or, whether the alarm user has effected compliance with the provisions of this chapter, if the revocation is based on any grounds for revocation other than excessive false alarms. Within 14 days of the Alarm Director's receipt of the alarm user's written report, the Alarm Director shall issue a written notice to the alarm user via certified mail or personal delivery, regarding whether or not the alarm user permit will be revoked.
(D) Appeal of Alarm Director's decision. An alarm user whose permit has been revoked by the Alarm Director may, within 14 days of his receipt of the notice of revocation, appeal the Alarm Director's decision by filing a written request for an informal hearing with the Chief of Police in accordance with the following:
(1) The Alarm User shall be entitled to an informal hearing with the Chief of Police provided that the alarm user requests said informal hearing, in writing via personal delivery or certified mail to the Chief of Police, within 14 days from the date of his receipt of the Alarm Director's written revocation notice. The Chief of Police shall serve written notice of the time and place of the informal hearing on the alarm user, by certified mail or personal delivery, within 14 days of the alarm user's request for the informal hearing. Unless otherwise mutually agreed to by the Chief of Police and the alarm user, the informal hearing shall occur within 21 days of the alarm user's request for the hearing.
(2) At the informal hearing, the alarm user may offer evidence of his compliance with the provisions of this chapter and/or, in the case of revocation based on excessive false alarms, evidence of actions that the alarm user has taken or will take to identity and eliminate the cause or causes of the false alarms. In the case of revocation based on eleven or more false alarms in a calendar year, the Chief of Police shall determine whether the alarm user's remedial efforts (or proposed efforts) will substantially reduce the likelihood of false alarms and the Chief of Police shall issue to the alarm user, via certified mail or personal delivery, written findings regarding such determination and a written order regarding the revocation of the alarm user's permit. In the case of revocation based on grounds other than excessive false alarms, the Chief of Police shall determine whether the alarm user has effected compliance with the provisions of this chapter and shall issue to the alarm user, via certified mail or personal delivery, written findings regarding such determination and a written order regarding the revocation of the alarm user's permit. In either case, the Chief of Police shall render a final decision regarding the revocation within 14 days of the hearing.
(Ord. 98-0-053, passed 10-20-98)