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Home My WebLink AboutITEM VIII-A-2 * TYOF_ ACIUBUit1V AGENDA BILL APPROVAL FORM ~--f WASHINGTON Agenda Subject: Ordinance No. 6303 Date: 04/12/10 Department Attachments: Budget Impact: Police Ordinance No. 6303 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6303. Background Summary: The original Ordinance included language that stipulated when an appeal was made for false alarm charges a fee of $25.00 would be charged. It is recognized that the City incurs no additional expense to accommodate an appeal related to false alarm charges and that the application of such a fee may be detrimental in that it may preclude entities from filing an appeal. This Ordinance adjusts the fee schedule to eliminate the fee for filing an appeal. 01.8 Reviewed by Council 8 Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport El Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner 0 Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning 8 CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works . ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Peloza Staff: Kell Meetin Date: A ril 19, 2010 Item Number: VIII.A.2 AUBURN * MORE THAN YOU IMAGWED ORDINANCE NO. 6 3 0 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 9.30.140 OF THE AUBURN CITY CODE RELATING TO FEES FOR APPEAL OF ALARM ADMINISTRATOR DECISIONS WHEREAS, Section 9.30.140 of the Auburn City Code (ACC) provides for a filing fee in order for a person to get a hearing on an appeal from an action by the City's alarm administrator; and WHEREAS, City staff reports that some affected residents with limited incomes find the filing fee a barrier to their exercising their right to appeal; and WHEREAS, in reviewing what the needs are for administrating the alarm . program, the appeal fee in ACC Section 9.30.140 subsection C is not needed at this point. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follo.ws: Section 1. Amendment to Citv Code. That Section 9.30.140 the Auburn City Code be and the same hereby is amended to read as follows: 9.30.140 Appeals of determinations regarding alarm permits, security alarm license and fees. A. If the alarm administrator assesses a fee, suspends an alarm permit, security alarm license or denies the issuance, renewal or reinstatement of an alarm permit or security alarm license, the alarm administrator shall send written notice of the action and a statement of the right to appeal to the affected applicant, alarm user, alarm installation company or alarm monitoring company. B. The alarm user, alarm installation company or alarm monitoring company or other interested party may appeal any action described in subsection (A) of this section to the chief of police or designee by setting forth in writing the reasons for the appeal and delivering the appeal to the chief of police or Ordinance No. 6303 April 13, 2010 Page 1 of 3 designee within 20 business days after receipt of notice of the action. Failure to deliver the appeal within that time period is a waiver of the right to appeal. C. The procedure for an appeal to the chief of police or designee is as follows: 1. The applicant, alarm user, alarm installation company or monitoring company may file a written request for appeal $25.00 +^'h° ^^'i^° d°^°r*^n°^+ °^d setting forth the reasons for the appeal. The appeal must be entitled "Appeal from Alarm Administrator's Action." AppealfeeG w'll~ ro4 vri M 4he n nGnn nnrF., if Ihe n nl ic. cofi il 2. The chief of police or designee shall conduct a hearing within 30 days after receipt of the request for review and shall consider the evidence submitted by the appealing party and the alarm administrator. The chief of police or designee must base the decision on the preponderance of evidence presented at the hearing and must render a decision within 15 days after the date of the hearing. The decision shall affirm or reverse the decision or action taken by the alarm administrator. 3. Any person aggrieved by the decision of the chief of police or designee may appeal in accordance with the procedure set forth in ACC 18.70.050. 4. Filing of an appeal stays any action by the alarm administrator to suspend an alarm permit or require the payment of a fee until the appeal process has been exhausted. This provision applies only to the action of the alarm administrator that is the subject of the appeal. This provision does not operate as a bar to enforcement action on violations of this section that occur thereafter. D. The alarm administrator or the chief of police, or their respective designees, may adjust the count of false alarms or assessed fees based on: 1. Evidence that a false alarm was caused by action of a communications services provider (i.e., telephone, cellular, cable company); 2. Evidence that a false alarm was caused by a power outage of more than four hours or severe weather such as a tornado or earthquake; 3. Evidence that an alarm dispatch request was not a false alarm; or 4. The occurrence of multiple alarms within a 24-hour period, which may be considered as one false alarm if the alarm user has taken corrective action, unless the false alarms are directly caused by the alarm user. E. The alarm administrator may waive all of a false alarm fee or a part of the fee due to extenuating circumstances or to encourage corrective action. F. On review of fees assessed to an alarm installation company or monitoring company, the alarm administrator, or, if appealed, chief of police, or designee, or the administrative hearing officer, may consider whether the alarm installation company or monitoring company has engaged in a consistent pattern of violations. (Ord. 6216 § 1, 2009.) Ordinance No. 6303 April 13, 2010 Page 2 of 3 Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN ATTEST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk APP OV AS TO FORM: l ie . eid, City Attorney Published: Ordinance No. 6303 April 13, 2010 Page 3 of 3