Ord 1995-015 - Laserfiche WebLink

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Il'l}l. -12- fee set out above. The burden shall be on the permit holder to prove that the activation of the alarm system was not a false alarm. Sec. 16:-53. Revocation of permits. (a) The chief of police may revoke an alarm system permit if the chief determines that: (1) there is a false statement of a material matter on the application for a permit; (2) the permit holder has violated any provision of this article; (3) the permit holder causes or permits any intentional activation of an alarm system for the purpose of testing the response by the police or fire department; (4) the permit holder has failed to make timely payment of a service fee assessed under Section 16-52; or , (5) the number of false alarms at anyone alarm site exceeds 15 during any 12 month period, (b) If the chief of police revokes a permit, the chief will send to the permit holder by certified mail, return receipt requested, written notice of the action and a statement of the right to an appeal. (c) It is unlawful for an alarm system user to operate an alarm system during a period in which the permit for, the system is revoked, Sec. 16-54. Appeal from service fee or revocation of a permit. (a) A permit holder may appeal the assessment of an excessive false alarm service fee to the city manager by filing with the city manager a written request for a hearing setting forth the reasons for the appeal within 1 a. days after the assessment of the service fee. The filing of an appeal with the city manager stays the assessment of the service fee until the city manager or a designated representative makes a final decision. If an appeal is not made within the 1 0 day period, the assessment is final. (b) A permit holder may appeal the revocation of a permit to the city manager by filing with the city manager a written request for a hearing setting forth the reasons for the appeal within 10 days after receipt of notice of the revocation from the chief of police. The filing of an appeal with the city manager stays the revocation until the city manager or a designated representative makes a final decision. If an appeal is not made within the 10 day period, the revocation is final. (c) The city manager or a designated representative will serve as hearing officer at an appeal hearing, Formal rules of evidence do not apply, and the hearing officer will make a decision on the basis of a preponderance of the evidence presented at the hearing, The hearing officer will render a decision within 30 days after the request for an appeal hearing is filed, The hearing officer will affirm, reverse, or modify the action forming the basis for the appeal. The decision of the hearing officer is final as to administrative remedies with the city,