503.05  APPEAL OF A DETERMINATION OF FALSE ALARMS.
   (a)   Upon receipt of any false alarm report, the alarm user may appeal by submitting a written explanation as to the actual cause of the alarm to the Director of Safety within fourteen (14) calendar days from receipt of the notification of the false alarm report.
   (b)   False alarms may be dismissed under the following circumstances:
      (1)   Equipment malfunction, mechanical failure, or improper installation with written verification from the alarm company that such malfunctioning equipment has been repaired; or
      (2)   All alarm dispatch requests caused by an actual criminal offense or with evidence of an attempted criminal offense, so long as a proper police report has been filed.
   (c)   False alarms will not be dismissed for the following reasons:
      (1)   Premises left unsecured;
      (2)   Defective locks;
      (3)   Loose fitting windows and doors; or
      (4)   Improper use of alarm system by the alarm user.
   (d)   If the original false alarm determination is upheld, the appellant will have fourteen (14) calendar days from that date to appeal the decision.
      (1)   A hearing officer shall be appointed by the Director of Safety to hear appeals.
      (2)   Hearings shall be scheduled within fourteen (14) calendar days of receipt of such request by the City Clerk. The alarm user shall have the right to present evidence and testimony.
         (Ord. 42-2004. Passed 12-5-05.)