§ 11-68. Penalties for false alarms and non-permitted alarms; collection fees; hearing on false or non-permitted alarm determination.

(a)

False alarm. For a burglar alarm system, the permit holder will be charged a penalty based on the following table for each false alarm in excess of three during the preceding 12-month period, provided a response is made by the police department to the alarm site within a reasonable time after the alarm notification:

False Alarm Penalty

4 ^th false alarm ..... $ 50.00

5 ^th false alarm ..... $ 50.00

6 ^th false alarm ..... $ 75.00

7 ^th false alarm ..... $ 75.00

8 ^th false alarm ..... $ 100.00

Each additional ..... $ 100.00

(b)

False residential panic or holdup alarm. For a residential alarm site, the permit holder of a panic or holdup alarm system will be charged a penalty based on the following table for each false panic or holdup alarm in excess of one during the preceding 12-month period:

False Alarm Penalty

2 ^nd false alarm ..... $ 140.09

3 ^rd false alarm ..... $ 280.20

4 ^th false alarm ..... $ 420.29

5 ^th false alarm ..... $ 560.39

Each additional ..... $ 560.39

(c)

False non-residential panic or holdup alarm. For a non-residential alarm site, the permit holder of a panic or holdup alarm system will be charged a penalty based on the following table for each false panic or holdup alarm in excess of one during the preceding 12-month period:

False Alarm Penalty

2 ^nd false alarm ..... $ 280.20

3 ^rd false alarm ..... $ 560.39

4 ^th false alarm ..... $ 700.50

5 ^th false alarm ..... $ 700.50

Each additional ..... $ 700.50

(d)

Alarm generated by a non-permitted alarm system. If HEC or the police department receives an alarm notification, regardless of whether the alarm is false, from an alarm system that does not have a valid alarm permit, the alarm subscriber and the persons-in-control of any portion of the alarm site shall be charged a penalty for each such alarm notification and shall be jointly and severally liable to the city for payment thereof. The penalty per alarm notification for each type of alarm notification received shall be:

(1)

Residential burglar alarm system: $116.75

(2)

Non-residential burglar alarm system: $233.50

(3)

Residential panic or holdup alarm system: $308.21

(4)

Non-residential panic or holdup alarm system: $490.34

(e)

Notice. A notice of each false alarm or alarm generated by a non-permitted alarm system shall be mailed to the permit holder by the director, or to any general addressee at the alarm site address if there is no valid alarm permit, within 30 days from the date of the alarm. The notice shall include:

(1)

The date of the alarm; and

(2)

The address of the alarm site, and if the alarm site is a multi-unit housing facility, the identification of the individual facility where the false alarm occurred.

Except for collection fees added pursuant to subsection (l) of this section, the permit holder or owner of a non-permitted alarm system shall pay all fees and penalties assessed under this section to the department or make an arrangement with the director to cover the cost of such fees and penalties within 30 days following the date that the city places the false or non-permitted alarm notice in the mail, unless a hearing has been timely requested under subsection (f) of this section.

(f)

Hearing on false or non-permitted alarm. If the permit holder, or an alarm subscriber or other person-in-control if there is no valid alarm permit, disputes any part of the false or non-permitted alarm notice, such person (appellant) may appeal by filing a written request for a hearing by mail or personal delivery to the director. The request for hearing and supporting documents must be received by the director not later than the 30th day next following the date that the city places the false or non-permitted alarm notice in the mail. Failure to timely request a hearing shall render the notice and imposition of penalties final.

(g)

Purpose of hearing. The sole purpose of the hearing set out in the preceding subsection shall be to ascertain whether the disputed alarm was false or generated by a non-permitted alarm system. The request for hearing shall specify facts and have documents and records attached that prove the alarm was not false or generated by a non-permitted alarm system.

(h)

Rules and procedures for hearing. Hearings shall be conducted in accordance with the rules established for that purpose by the director. The proceedings shall be informal. Without limitation of other provisions that may be established in such rules, the records generated by the police department personnel who responded to the alarm shall be admissible as proof of their contents, and the police department personnel who responded shall not be required to testify at the hearing.

(i)

Authority of director. The director shall have the discretion at any time prior to the hearing to reverse a determination that an alarm was false or generated by a non-permitted alarm system if the records clearly establish the alarm was:

(1)

Not in fact false or generated by a non-permitted alarm system; or

(2)

Generated by or as a result of disaster for which the mayor has declared a state of disaster and emergency exists.

(j)

Burden of proof. At the hearing, the burden shall be upon the appellant to demonstrate by a preponderance of the evidence that the alarm was not false or generated by a non-permitted alarm system.

(k)

Final decision. The decision of the hearing officer shall be final, and fees and penalties assessed, if applicable, shall be paid within 15 days following the date that notice of the decision is mailed or hand delivered to the appellant.

(l)

Collection fee. A collection fee of 30 percent of the false alarm penalty amount shall be added to each false alarm penalty assessed under this section if the false alarm penalty remains unpaid on the 61 ^st day after it is due. Collection fees are due and payable on the day they are added to the false alarm penalty.

(Ord. No. 08-387, § 2, 4-30-08; Ord. No. 2011-1168, § 13, 12-14-2011; Ord. No. 2017-960 , § 6, 12-13-2017; Ord. No. 2019-189 , § 10, 3-27-2019)