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A. An alarm user may challenge the validity of a false alarm
determination by the Coordinator by appealing the determination and asking for a
hearing on the matter before the Chief of Police. The appeal must be in writing
and must be submitted to the Coordinator within ten days of the alarm user
having received Notice of False Alarm. Failure to contest the determination in
the required time period results in a conclusive presumption that the alarm was
false. B. If a hearing is requested, written notice of the time and place of
the hearing shall be served on the user by the Chief of Police by certified mail
at least 10 days prior to the date set for the hearing, which date shall not be
more than 21 nor less than 10 days after the filing of the request for
hearing.
C. The hearing shall be before the Chief of Police or
his/her designated representatives. The Coordinator and the alarm user shall
have the right to present written and oral evidence, subject to the right of
cross-examination. If the Chief of Police determines that the false alarms
alleged have or have not occurred in a permit year, the Chief of Police shall
issue written findings waiving, expunging or entering a false alarm designation
on an alarm user’s record as appropriate. If false alarm designations are
entered on the alarm user’s record, the Coordinator shall pursue fine collection
as set out in this Chapter.
D. Failure to appear at a scheduled hearing without providing prior
notice and cause for rescheduling a hearing will be justification for immediate
suspension of the permit. Thereafter a new hearing may be scheduled after
submission of a written request to the Chief of Police.
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