§ 41.13. Appeals.

(1)

An alarm user may appeal the assessment of a fine to the Alarm Coordinator.

(2)

Upon commencement of an appeal, an alarm user shall submit an appeal fee of $25.00. Appeal fees will be returned to an alarm user if the Alarm Coordinator rules in favor of the appellant.

(3)

The filing of an appeal with the Alarm Coordinator stays the assessment of fines until the Alarm Coordinator makes a final decision.

(4)

An alarm user shall file a written notice of appeal within 10 days after receipt of a fine for a false alarm to the Alarm Coordinator by setting forth the reasons for the appeal. Failure to file a notice of appeal within the 10 day period shall operate as a bar for review.

(5)

If the Alarm Coordinator denies an alarm user's appeal, the Alarm Coordinator shall send written notice of the action and a statement of the right to an appeal to the applicant or alarm user and the alarm company.

(6)

The decision of the Alarm Coordinator may be appealed to the Chief of Police or Chief's designee.

(a)

A second appeal fee of $50.00 shall accompany the second notice of appeal. The initial $25.00 appeal fee and second $50.00 appeal fee shall be refunded if the Chief of Police or the Chief's designee finds in favor of the appellant.

(b)

Failure to file a notice of the second appeal within 10 days after the Alarm Coordinator renders a final decision shall operate as a bar for review.

(c)

The Chief of Police or Chief's designee shall conduct a formal hearing within 30 days of the receipt of the request and consider evidence by any interested person(s). It shall be the appellant's burden to prove a case based on the preponderance of the evidence. The Chief of Police or Chief's designee shall affirm or reverse the decision of the Alarm Coordinator and issue a written decision within 10 days after the formal hearing.

(d)

The failure of an appellant to appear at the appeal hearing shall extinguish the appeal.

(Ord. No. 2012-36, § 2, 3-25-2013, Doc. #1303251203)