The definitions of Section 5.50.010 shall apply to this chapter.
(Ord. 2458 § 2, 2009)
The chief of police shall have sole discretion to enforce the provisions of this chapter.
(Ord. 2458 § 2, 2009)
A.
It is the sole responsibility of an alarm user to obtain an alarm permit prior to operating or maintaining an alarm system. If the alarm coordinator becomes aware that an alarm user is operating or maintaining an alarm system without a permit, the alarm coordinator shall provide written notice to the alarm user regarding the requirement that the alarm user obtain an alarm permit within thirty days.
B.
An alarm user who operates or maintains an alarm system without a permit shall be subject to a fine, as adopted by city council resolution.
C.
Each day that an alarm user operates or maintains an unpermitted alarm shall constitute a new and separate offense.
(Ord. 2458 § 2, 2009)
A.
An alarm user shall be subject to notification, warnings, fines and suspension or revocation of its alarm permit based on the number of false alarm responses emitting from an alarm system within a three-hundred-sixty-five-day period, as set forth by city council resolution.
B.
The fine shall revert to that issued for the first false alarm only after no false alarms are triggered within a continuous three-hundred-sixty-five-day period.
(Ord. 2458 § 2, 2009)
A.
Anyone who has been issued a fine pursuant to Chapter 5.50 or 5.51 may contest the fine under this chapter by submitting a written request to the chief of police for an appeal hearing, clearly stating the reasons for the appeal, within ten days from the date of service of the fine, together with an advanced deposit of the fines.
B.
In lieu of depositing the fine, the appellant may timely submit an approved hardship waiver outlining the extenuating circumstance(s) that warrants waiver of this requirement. If the appellant has timely submitted a hardship waiver, then city approval of the hardship waiver shall be required prior to any appeal hearing made pursuant to this chapter. If the city, at its sole discretion, rejects the hardship waiver, then the appellant shall comply with subsection A prior to the scheduling of any hearing.
C.
Any hearing before the hearing officer shall be set for a date that is not less than fifteen, nor more than sixty days from the date the request for hearing is filed. The person requesting the hearing (hereafter, the "appellant") shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing.
(Ord. 2458 § 2, 2009; Ord. 2496 § 2, 2012)
A.
No hearing to contest a fine before a hearing officer shall be held unless and until a written request for a hearing has been timely submitted and any applicable fines have been deposited pursuant to this chapter. The requirement for a deposit of the fine prior to the holding of a hearing under this chapter may be waived by the city if appellant timely submits an approved hardship waiver outlining the extenuating circumstances warranting waiver of the advanced deposit of the fine.
B.
The hearing officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the appellant is the person responsible for the alarm system.
C.
The appellant shall be given the opportunity to testify and present witnesses and any relevant evidence concerning the circumstances that gave rise to the fine.
D.
The formal rules of evidence shall not apply. All relevant evidence may be considered, and the hearing officer has the discretion to exclude evidence if he or she finds such evidence to be irrelevant or needlessly repetitive. The hearing officer has the authority to cut off presentation of evidence if he or she reasonably believes that the evidence being presented is irrelevant or needlessly repetitive.
E.
1.
The failure of the appellant to appear at the appeal hearing shall constitute a forfeiture of the fine, as applicable, and shall be considered a concession that the fine was properly issued.
2.
Notwithstanding the above, upon a showing of good cause by the appellant, the hearing officer may excuse the appellant's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than one time.
F.
The fine and any additional documents submitted by the peace officer shall constitute prima facie evidence of the respective facts contained in those documents.
G.
At least ten days prior to the hearing, the appellant shall be provided with copies of the fine(s) assessed, reports, and other documents submitted or relied upon by the peace officer. No other discovery disclosure is required.
H.
The hearing officer may continue the hearing and request additional information from the peace officer or the appellant prior to issuing a written decision.
(Ord. 2458 § 2, 2009; Ord. 2496 § 3, 2012)
A.
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify or revoke the fine amount, and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be final.
B.
If the decision is to uphold the penalty, the city shall retain the fine deposited, if applicable. Where a hardship waiver has been submitted to and approved by the city and the decision is to uphold the citation, then appellant shall pay the fine pursuant to this chapter. If the decision is to revoke or modify the penalty, then the city shall refund the partial or full fine deposit to the appellant within thirty days of the service of the decision.
D.
The hearing officer's written decision shall be served on the appellant within twenty days from the date of the hearing by mailing to the appellant by certified mail, return receipt requested, via the U.S. mail. Service of the hearing officer's decision shall be deemed to have been completed on the date of mailing.
(Ord. 2458 § 2, 2009; Ord. 2496 § 4, 2012)