(A) If the city refuses to issue or renew a permit or revokes a permit, the city shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of the action and a statement of the right to an appeal.
(B) The applicant or permit holder may appeal a denial, non renewal or revocation of an alarm permit or the assessment of a service fee to the Mayor by filing with the Mayor a written request for a hearing, setting forth the reasons for the appeal within ten days after receipt of the notice of the city’s Police Department action or the bill assessing a service fee. The filing of a request for an appeal hearing with the Mayor stays an action of the City Police Department or the assessment of a service fee until the Mayor or a designated representative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the City Police Department or the assessment of the service fee is final.
(C) The Mayor or a designated representative shall serve as hearing officer at an appeal and consider evidence by an interested person. The formal rules of evidence do not apply at an appeal hearing. The hearing officer shall make a decision on the basis of preponderance of the evidence presented at the hearing. The hearing officer must render a decision within 30 days after the request for an appeal hearing is filed.
(D) The hearing officer shall affirm, reverse or modify the action of the City Police Department or the assessment of the service fee; except, that a hearing officer may not reduce the amount designated for a service fee that is assessed for a false alarm notification determined by the hearing officer to have occurred. The decision of the hearing officer is final as to administrative remedies with the city.
(Ord. 106A, passed 11-16-2000)