(a) As used in this section, “alarm system” means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of any medical or fire or any other activity requiring urgent attention and to which the Fire Department is expected to respond.
(b) As used in this section, “false alarm” means the activation of an alarm system through mechanical failure, malfunction, improper installation, poor system design, carelessness, or negligence, where there is no emergency or risk from fire, heat or smoke, and where the Fire Department does not have prior notice of the false alarm and responds to the alarm. A false alarm does not include:
(1) Testing or repairing of the system where the Fire Department has been notified of such testing or repair and when the Fire Department is in attendance at said test;
(2) An attempted illegal entry of which there is visible evidence;
(3) An act of God, including, but not limited to an earthquake, flood, windstorm, thunder or lightning; or
(4) The user acting under a sincere belief that a need exists to activate the alarm system.
(c) The Fire Department shall monitor the number of false alarms that are responded to within the City and shall keep records of the same.
(d) After two (2) false alarm warning letters issued by the Fire Chief to the property owner and tenant or management company, as may be applicable, false alarm fees shall be charged to the property owner on which an emergency alarm system is installed according to the number of false alarms occurring within a twelve (12) month period according to the following schedule:
# of False Alarms after Warnings | Action Taken |
1 | Administrative fee not to exceed $200.00 |
2 | Administrative fee not to exceed $300.00 |
3 or more | Administrative fee not to exceed $500.00 |
(e) Fees charged for false alarms may be waived for good cause by the Fire Chief. Requests to waive a fee shall be submitted in writing by the property owner, tenant or management company within seven days of receipt of notice, stating the grounds for the waiver of the fee.
(f) Upon failure of the property owner, tenant or management company to comply with this section, the Fire Department shall issue a warning letter and/or charge an administrative fee in accordance with the foregoing schedule in section (d). Upon the failure of the property owner, tenant or management company to make payment in accordance to the fee issued within thirty days after billing by the City, the Chief shall report to the Director of Finance the fee charged for violation of subsection (d). Upon receipt of such report, the Director of Finance on behalf of the City shall make a filing in writing with the County Auditor of such charges which shall be entered upon the tax duplicate of such property and collected as other taxes, all in accordance with Ohio R.C. 731.54. By the enactment of this section, Council hereby approves all such assessments established by the Director of Finance upon report by the responsible Director in accordance with the provisions of this section without the necessity of formal Council approval by ordinance or resolution of each and every assessment resulting from the actions under this section. Such amounts when certified to the County Auditor shall be entered upon the tax duplicate and a lien upon such lands from and after the date of such entry and shall be collected as other taxes and returned to the City with its General Fund.
(g) The Fire Department shall send written notice of any action by certified mail, return receipt requested, or by personal service to the property owner and tenant or management company as may be applicable. If the certified mail notice is returned unclaimed or refused, notice shall be sent by regular mail and is considered complete upon mailing.
(Ord. 2021-29. Passed 3-18-21.)