[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 3-8-2011 by L.L. No. 3-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.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:
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]
A.
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.
B.
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.
C.
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.
D.
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.
