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Ordinance 3679-19
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Ordinance 3679-19
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6/5/2019 9:39:17 AM
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Ordinances
Ordinance Number
3679-19
Date
5/22/2019
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D. Service of Notice. The notice of civil penalty(ies) can be served by sending it to the address of the <br /> alarm site or, in the case of an alarm system monitored by an alarm company licensed to provide <br /> alarm monitoring service for the alarm site, to the address of the alarm company and to the mailing <br /> address provided by the alarm company for the alarm user. The notice(s) shall be sent by first class <br /> mail. Alternatively,the notice of civil penalty can be personally served on the violator(s). Proof of <br /> service shall be made by a written declaration under penalty of perjury executed by the person <br /> effecting the service. <br /> E. Discontinuance of Law Enforcement Response. The Chief of Police, or designee, may in his/her <br /> discretion discontinue police responses to alarm signals from what appears to be a runaway alarm, or <br /> from an alarm site that has accrued six (6) or more false alarms in the past year, or from the alarm <br /> site(s) of an alarm user or alarm company that has failed to make payment of any civil penalty(ies) <br /> assessed under this Ordinance as required until payment is received, or an alarm company that has <br /> failed to pay annual license fees. <br /> F. Civil Noncriminal Violation. A violation of any of the provisions of this Ordinance shall be a civil <br /> violation and shall not constitute a misdemeanor. <br /> G. Internal Review of Notice of Civil Penalties or Request for Waiver of False Alarm Fee. <br /> 1. If the violator believes the violation did not occur and/or where in the interest of justice imposing <br /> a fee is not appropriate,the violator may submit a written request for internal review of the <br /> notice of civil penalty to the alarm officer within 15 days of the date of the notice of civil <br /> penalty. The request shall state all reasons for disputing the notice of civil penalty and provide a <br /> mailing address for further correspondence with the violator. <br /> 2. The alarm officer shall consider the information and respond in writing to the violator within 15 <br /> days of receipt of the request stating whether the notice of civil penalty has been withdrawn or <br /> upheld and the reasons supporting the decision. If the alarm officer upholds the notice of civil <br /> penalty, the alarm officer shall notify the violator: <br /> a. Of the right to appeal the notice of violation by requesting a hearing before a hearing <br /> examiner within 15 days of the date of the alarm officer's decision as provided in this <br /> section; <br /> b. That the notice of appeal shall explain the reasons supporting the appeal; <br /> c. Of the obligation to pay the civil penalty within 30 days of the alarm officer's written <br /> decision if no appeal is filed; and <br /> d. The address at which to file the appeal. <br /> 3. The City will send the alarm officer's decision to the violator at the address provided by the <br /> violator with the written request for internal review. <br /> H. Monetary Penalty. The monetary penalty must be paid to the City in the manner designated in the <br /> notice of penalty. In the case of an alarm system monitored by an alarm company licensed to provide <br /> alarm monitoring service for the alarm site, at the City's discretion, the monetary penalty will be <br /> charged to the alarm company providing the alarm monitoring service. The City Attorney or <br /> designee is authorized to take appropriate action to collect the monetary penalty. The violator will be <br /> responsible for the costs of collection in addition to the monetary penalty. <br />
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