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A. Notice of False Alarm Fee. The Chief of Police, the Fire Chief, or the designee of either Chief, upon determining that a false alarm has occurred, shall give written notice to the alarm system user that a false alarm has occurred at the premises and shall bill the alarm system user pursuant to the schedule of false alarm fees provided in Section 8.04.070.
B. Request for Hearing; Waiver of Hearing. Within thirty (30) days after the notice and alarm fee bill have been issued, the alarm system user may request a hearing to dispute the assessment of the false alarm fee. The request shall be accompanied by a written statement setting forth the reasons the alarm system user believes the false alarm assessment is improper. The failure of an alarm system user to request a hearing within thirty (30) days shall constitute a waiver of the right to hearing and the full amount of the false alarm fee shall be paid immediately, or the alarm system user's account shall be subject to the provisions for delinquent accounts set forth in Section 1.04.140 of this code.
C. Hearing. The Chief of Police or the Fire Chief shall, if requested by the alarm user, set a date for a hearing at which the alarm user may present testimony or evidence relevant to the imposition of the fee. The burden of proof shall be upon the Village by a preponderance of the evidence. The decision of the Chief of Police or the Fire Chief shall be final unless the alarm user appeals in writing to the Village Manager within ten (10) days after the decision of the Chief of Police or Fire Chief is announced.
D. Appeal. Upon receiving a timely request for appeal, the Village Manager shall review the matter including the documents presented in the course of the determination, and may, if requested by the alarm user, schedule a hearing to be attended by the alarm user and the Chief of Police or Fire Chief. Other staff members shall attend and participate if requested by the alarm system user or the Chief of Police or Fire Chief. The decision of the Village Manager on any such appeal shall be a final determination for the purposes of judicial review under the Administrative Review Law of the state, 735 ILCS 5/3-101, et seq.
(Ord. MC-4-2012, § 7, Amended, 07/17/2012; Ord. MC-2-2011, 2/15/2011; Ord. MC-228-99 § 7 (part), 1999: prior code §§ 4.13, 24.08)