All false alarm fees owed by an applicant must be paid before a permit may be issued or renewed.
No false alarm fee will be charged within any twelve-month period for the first three (3) false alarm notifications.
Except as provided in sections 3.5-7 and 3.5-22 below, a person who is required to obtain a permit shall pay a service fee for each false alarm notification within any twelve-month period as described in the following fee schedule:
False Alarm Fees:
First, second and third ...................... No Charge
Fourth and fifth .................................... $50.00
Sixth and seventh ............................... $75.00
Eighth and subsequent .................... $100.00
Appeals
Any permit holder aggrieved by the decision to assess a service fee by the chief of police or his designated representative as provided for in section 3.5-6, may appeal the decision to the City manager by filing with the City manager a written request for a hearing, setting forth the reasons for the appeal within ten (10) days after the chief of police, or his designee, renders the decision. The filing of a request for an appeal hearing with the City manager stays an action of the chief of police in assessing a service fee until the City manager, or designee, makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police, or designee, is final.
If the chief of police refuses to issue or revokes a permit, the chief of police shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the chief of police, or designee, to the City manager by filing with the City manager a written request for a hearing, setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the chief of police, or designee. The filing of a request for an appeal hearing with the City manager, or designee, stays an action of the chief of police in revoking a permit until the City manager, or designee, makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief of police is final.
The City manager, or designee, shall serve as hearing officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing; the hearing officer shall make his decision on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must render a decision within thirty (30) days after the request for an appeal hearing is filed. The hearing officer shall affirm, reverse, or modify the action of the chief of police. The decision of the hearing officer is final as to administrative remedies with the City.