§ 25-68. Appeal from service fee, denial or revocation of permit.

(a)

Any permit holder assessed a service fee under section 25-66(a) may appeal the decision of the chief to the city manager within ten (10) days of receipt of notice of assessment of such service fee and in the same manner for other appeals as provided for herein.

(b)

If the chief refuses to issue or renew a permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of his action and a statement of the right to appeal such action, such notice to include:

(1)

The specific dates on which there have been false alarms notification from such alarm system which were caused by mechanical malfunction or faulty equipment, if revocation is based upon item(a)(4) of section 25-67;

(2)

The amount of any fees assessed under section 25-67 that are due and owing and the date such fees were incurred, if revocation is based on item (a)(3) of section 25-67;

(3)

That a hearing may be held before the city manager or his designated representative to determine whether the permit for such alarm system should remain revoked or be reinstated; and

(4)

That the permit holder may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses.

(c)

The applicant or permit holder may appeal the decision of the chief to the city manager by filing with the city manager a written request for a hearing, setting forth the reasons for the appeal, within ten (10) days after receipt of the notice from the chief. The filing of a request for an appeal hearing with the city manager stays an action of the chief in revoking a permit until the city manager or his designated representative makes a final decision. If a request for an appeal hearing is not made within the ten-day period, the action of the chief is final.

(d)

The city manager or his designated representative shall set a time and place for the hearing, which shall be served upon the applicant or permit holder by certified mail, return receipt requested. The city manager or his representative shall serve as hearing officer at an appeal and consider evidence by any interested person. The formal rules of evidence do not apply at an appeal hearing. All parties to the hearing shall have the right to present evidence and shall have the right of cross-examination. The hearing officer shall make his decision on the basis of a preponderance of the evidence within fifteen (15) days after the request for an appeal hearing is filed. The time for hearing an appeal may be extended by agreement of the parties. The hearing officer shall affirm, reverse, or modify the action of the chief. The decision of the hearing officer is final as to administrative remedies with the city.

(Ord. No. 76472, § 1, 9-10-92)