Ordinance 3679-19 - Laserfiche WebLink

Section 11. Appeals. A. Procedure. A violator may, within 15 days of the date of the Department's alarm officer's written final determination of the internal review/request for fee waiver, appeal such final decision by filing an appeal in writing with the City's Violations Hearing Examiner. The violator shall be notified of the date, time and place of the hearing within 10 days from the date of the notice of appeal. The Hearing Examiner shall conduct a hearing on the notice of civil penalty in accordance with the provision of Chapter 1.20 EMC (Enforcement Procedures) and the Hearing Examiner rules of procedure. To the extent a provision of Chapter 1.20 EMC or the Hearing Examiner rules of procedure conflict with a provision of this Ordinance, this Ordinance will control. The Chief of Police or designee and the violator to whom the notice of civil penalty was directed may participate as parties in the hearing. The City shall have the burden of proof to show by a preponderance of the evidence that there was a violation under this Ordinance and that the penalty is reasonable. Copies of police reports, dispatch logs, and alarm company alarm response request records shall be admissible in such actions. B. Decision of Hearing Examiner. 1. The Hearing Examiner shall affirm, vacate, or modify the City's decisions regarding the alleged violation and penalty and mail a copy of the decision to the violator and to the Chief of Police. 2. The Hearing Examiner shall issue an order to the violator for the violation which contains the following information: a.The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; b.The monetary penalty assessed; and c.The date and time by which the penalty shall be completed or paid and the manner and means of payment after which the City may seek collection of funds. C. Failure to Appear. If the violator to whom the notice of civil penalty was issued fails to appear at the scheduled hearing, the Hearing Examiner will enter an order finding the violation as stated in the notice of civil penalty, and ordering the appropriate monetary penalty. The City will carry out the Hearing Examiner's order and recover the monetary penalty. D. Appeal to Superior Court. An appeal of the decision of the Hearing Examiner must be filed with superior court within 20 calendar days from the date the Hearing Examiner's decision was mailed to the violator to whom the notice of civil penalty was directed, or is thereafter barred. E. Collection of Monetary Penalty. The monetary penalty constitutes a personal obligation of the violators to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the City within 30 calendar days from the date of mailing of the Hearing Examiner's decision or a notice from the City that penalties are due. The City Attorney or designee is authorized to take appropriate action to collect the monetary penalty. The violator will be responsible for the costs of collection in addition to the monetary penalty, except in the case of an alarm system monitored by an alarm company licensed to provide alarm monitoring service for the alarm site where, at the City's discretion, the monetary penalty will be charged to the alarm company providing the alarm monitoring service.