[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 3-8-2011 by L.L. No. 3-2011. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 70, Alarms, comprised of Art. I, False Fire Alarms, adopted 6-1-1993 by L.L. No. 4-1993.
Any owner, lessee, or person having control of real property having a fire or police alarm device or system shall pay to the Village of Sag Harbor a charge for each and every false fire alarm to which the Police or Fire Department responds as follows:
First false police alarm: no charge.
Each fee collected for false fire alarms pursuant to this chapter shall be applied as follows: 50% shall be remitted to the Village Treasurer and 50% shall be remitted to the Fire Department.
[Amended 4-10-2018 by L.L. No. 7-2018]
An invoice for the fee associated with each false alarm as described by this chapter shall be generated by the Village. The above charges shall be paid to the Village Clerk. The owner or lessee shall have 30 days from the mailing date of the billing statement from the Village Clerk to either pay the charges or file a written request for appeal with the Village Clerk. Failure by a property owner or a lessee of property to pay any such charges within 30 days after the mailing date of the billing statement from the Village Clerk or final determination of the hearing officer or notice from a collection agency shall constitute a violation of this chapter. Billing statements and written decisions shall be mailed to the current address of the property owner as listed with the Town Assessor.
Any owner or lessee who has a false alarm occur on his or her property may appeal such determination to the hearing officer by filing a written request with the Village Clerk setting forth the basis for such appeal. A hearing shall be held by the Village Clerk, representatives from the Police Department and/or Fire Department and the Chief Building Inspector within a reasonable time after the Village’s receipt of the written appeal. The decision of the hearing officers shall be final. The owner or lessee shall have 30 days to comply with the final determination of the hearing officer.
The adoption of this section shall not negate the responsibility of any owner or lessee of property having a fire or police alarm system on his or its property of paying any false alarm charges due and owing to the Village at the time of its adoption.
In the event that any false alarm charges shall remain unpaid 90 days after either notification to the property owner of such charges has been sent and such charges have not been appealed or a determination on appeal has been made upholding some or all of such charges and such charges remain unpaid, then, in such an event, the Village Clerk shall certify the amount of such unpaid alarm charges to the Tax Receiver, who shall examine the certificate and, if found to be correct, shall cause the amounts due to be charged against the real property for which such charges are due. The amount so charged shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes and shall be subject to a delinquent penalty at the same rate and upon the same terms as provided by law for the nonpayment of real property taxes. The certification of the Village Clerk in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, plus interest, and that the same is due and collectible as provided.