§ 20-33. Charges for excessive false alarms.

(a)

The police or fire personnel at the scene, or subsequently the designee of the chief of the police or fire department, shall provide written notice to the alarm system user on each false alarm at a given location. The notification may take the form of a written report left at the location of the alarm. The written report shall advise the alarm user of the following: it is the alarm user's responsibility to take proper corrective action to reduce false alarms; the false alarm charge as provided in this article; and, that on the fourth and subsequent false alarm at the same location during each calendar year the alarm user will be billed as provided in this article.

(b)

Upon the fourth and upon each subsequent false alarm at the same location during any calendar year period, the notice provided for in subsection (a) above shall include notice of the assessment of the following charge applicable to the fourth and applicable to each subsequent false alarm at the same location during a calendar year period, i.e., one hundred dollars ($100.00) for each such false alarm.

(c)

Additional to any notice provided pursuant to subsections (a) and (b), a copy of any notice issued pursuant to subsection (b) above shall be provided to the alarm system user at any address for the alarm system user provided by the alarm system company which installed or which provides maintenance or other services for the alarm system user.

(d)

Within ten (10) days of receipt of any notice provided for in this section, including the notice of charge for false alarm provided for in subsections (b) and (c) above, the alarm system user shall have the right to a hearing at which the alarm system user may produce any information to indicate that the determination of false alarm or the determination of charge for false alarm is improper. In addition, the alarm system user may request a hearing to submit proof that the defect in the alarm system which caused the false alarm has been repaired and, with such proof, to request a waiver of the charge. A request for hearing regarding a false alarm responded to by the police department shall be presented to the chief of police or to his or her designee. A request for hearing regarding a false alarm responded to by the fire department shall be presented to the fire chief or to his or her designee. Within five (5) days of receipt of such request for hearing, the applicable chief, or his or her designee, shall advise the alarm system user of a time and place for the hearing. The hearing officer shall determine the false alarm and charge issues and, in addition, upon submission of proof that the faulty equipment causing the false alarm has been repaired so that the system is in proper working order, may waive the charge. Within five (5) days following the hearing, the chief, or the chief's designee, shall issue a notice to the alarm system user of the final determination of the city regarding the matter.

(e)

After reasonable efforts have been made to collect from the alarm system user the charge referred to in subsection (b) above, the city administrator, or his or her designated agent, shall be authorized to refer any unpaid account of thirty (30) or more days to the qualified and licensed attorneys at law contracted to provide legal services pursuant to sections 2-111—2-113 of this Code for the purpose of filing an action in a court of appropriate jurisdiction to collect the unpaid charges.

(Code 1976, § 24-18; Ord. No. 15-00, § 3, 4-4-00; Ord. No. 3-02, § 5, 1-22-02; Ord. No. 31-10, 7-20-10)