§ 27-7. Appeals and reinstatement.

(a)

An alarm system user who wants to appeal a false alarm determination by the alarm administrator, fines, suspension of police response, or an alarm system user's request for reinstatement, may file such appeal with the superintendent through the alarm administrator. Alarm users shall appeal in writing with the form provided by the alarm administrator. Appeals can request either an in-person hearing or a mail hearing. Only in-person hearings will be granted for cases that involve the appeal of a suspension of police response. Appeals will be heard by the alarm administrator's designee. The alarm system user must submit a request for appeal hearing in writing within 15 days of the user having received the contested notification. Failure to appeal the determination in the required time period results in a conclusive presumption of the validity of the alarm administrator's determination. If an in-person hearing is requested, written notice of the time and place of the hearing shall be served on the alarm system user by the alarm administrator by regular mail, which date shall not be more than 20 days after the filing of the request for hearing. The alarm system user shall have the right to present to the alarm administrator written and oral evidence. The alarm administrator shall consider the evidence offered and issue written findings waiving, expunging or entering penalties provided by this chapter on an alarm system user's record as appropriate.

(b)

To appeal a notice of no response, the alarm system user may request an appeal hearing as specified above. At this hearing, the alarm system user must present evidence to the alarm administrator that the alarm system user has taken corrective action, including but not limited to, repairing, modifying, or installing alarm equipment that will serve to prevent future false alarms at that site. Written documentation shall be required. Such correction may also include mandatory user false alarm reduction training through a recognized class. Upon receipt of this documentation and payment of the $100.00 fine, the alarm administrator shall reinstate the police response status and inform the alarm monitoring company of this action. The false alarm count will return to zero for that calendar year upon installation of a new alarm system or upon correction or modification of an existing alarm system.

(c)

Reinstatement shall be denied unless the alarm administrator determines that the action taken will substantially reduce the likelihood of false alarms. The alarm administrator shall give notice by certified mail to the alarm system user and alarm monitoring company that police response will be suspended and notify the alarm system user as to what is necessary in order to have the response status reinstated.

(d)

An alarm system monitoring company that receives a fine under sections 27-3, 27-4, or 27-5 may file an appeal of the fine with the superintendent through the alarm administrator. Appeals can request either an in-person hearing or a mail hearing. The appellant must submit a request for appeal in writing within 15 days of the company receiving a fine. Failure to appeal the determination in the required time period results in a conclusive presumption of the validity of the alarm administrator's determination. If an in-person hearing is requested, written notice of the time and place of the hearing shall be served on the company by the alarm administrator by regular mail, which date shall not be more than 20 days after the filing of the request for hearing. The company shall have the right to present to the alarm administrator written and/or oral evidence. The alarm administrator shall consider the evidence offered and issue written findings waiving, expunging or entering penalties provided by this chapter on the company's record as appropriate.

(M.C.S., Ord. No. 18,230, § 1, 5-15-97; M.C.S., Ord. No. 26459, § 1, 6-18-15)