§ 19-189. Appeals.

(a)

Any alarm user who has been assessed a false alarm fee may appeal the assessment to the county administrator within ten days of the date of the fee notice or within ten days of the alarm coordinator's decision, if a review was requested.

(b)

The county administrator will appoint a hearing officer to hear the appeal.

(c)

The hearing officer will send written notice of the time and place of the hearing to the alarm user and to the alarm coordinator at least ten days before the date set for the hearing.

(d)

At the hearing, the alarm user and the alarm coordinator may present written and oral evidence and will be subject to cross examination.

(e)

Within 20 days of the hearing, the hearing officer must issue a written decision upholding or setting aside the alarm coordinator's false alarm determination.

(f)

If the hearing officer upholds the false alarm determination, the false alarm fee is due. If the hearing officer sets aside the false alarm determination, the false alarm will be removed from the alarm user's record.

(g)

The filing of a request for appeal postpones the assessment until the hearing officer's decision.

(h)

Failure of an alarm user to appeal a fee assessment or to pay the fee assessment creates a conclusive presumption that the alarm signal is a false alarm and that the alarm user has violated this article.

(Code 1988, § 19-468; Ord. No. 65971, § 8, 12-22-1994; Ord. No. 66176, § 5, 12-5-1996)