O-2009-3199 revise regulation of and permitting fees for burglar alarms

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and shall not have any excusable false alarm responses available in addition to those already used during that period for an alarm system. Following the reinstatement, responses made prior to the date of revocation but not part of the basis for the revocation shall be included in computations, however, responses from the date of revocation through the date of reinstatement shall be chargeable, such charges must be paid before reinstatement becomes effective. Reinstatement of the permit shall be the only means of restoration of the lawful use of the alarm system hereunder after the permit has been revoked, provided however, that a new permit must be applied for and issued before operation of the alarm system if the ownership or possessor rights to the alarm site have changed since the most recent application or amendment thereof. Sec. 30-45. Refusal to permit and revocation. (a) The city may refuse to permit or revoke a permit for an alarm system for the following reasons: (1) The applicant or permit holder has failed to make payment in full to the city of any service fees assessed pursuant to this chapter within 60 days of the date the city has made notification of service fees owed by way of the permit holders water bill notice or other means. (2) The alarm system ofthe applicant or permit holder has or is of the type that has had a history ofunreliability. For purposes of this chapter, an alarm system shall be presumed to be unreliable ifthe applicant or permit holder accrues more than eight false alarms during a twelve month period, excluding any false alarms which may have formed the basis for a prior revocation during that same twelve month period. In the event a permit is issued or reinstated despite such presumption of unreliability, revocation shall occur if the permit holder accrues more than three false alarms from the date of reinstatement. (3) The city chief of police and or the city fire chief may establish additional standards to determine reliability or unreliability of alarm systems as may be needed. (b) Procedure. Refusal to permit or revocation. (I) There shall be no refusal, termination, revocation or failure to renew a permit for an alarm system except as set forth herein. The city shall give at least thirty days notice prior to revoking, failing to renew or otherwise terminating a permit during which time a request for a hearing may be made. With respect to an application for a permit which the city refuses to permit, the applicant shall be given at least 30 days within which to request a hearing regarding such determination by the city to refuse to permit. The notice of refusal to permit or notice of revocation shall specify the reason therefore. If a hearing is requested, the permit holder or applicant shall be advised as to the date, time and place of such hearing. The hearing shall be before the city director of finance or designee. The permit holder or applicant may appear in person or be represented by counsel, may present testimony and may cross-examine all witnesses. (c) All hearings shall be conducted under rules consistent with the nature of the proceedings, provided that the following rules shall apply to such hearings: (1) All parties shall have the right to representation by a licensed attorney although an attorney is not required; (2) Each party may present witnesses in their own behalf; (3) Each party has the right to cross-examine all witnesses; (4) All the evidence presented before the hearing officer at such hearing may be considered in a final report; and (5) The city director of finance or designee may adjust the amount of any service fees owed upon a showing of good cause by the applicant or permit holder.