Ord 1998 - Amending Sections 14.50.090 and 14.50.105 to Enhance the Appeal Procedures for False AlarmsORDINANCE 1998
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING SECTIONS 14.50.090 AND 14.50.105 TO ENHANCE
THE APPEAL PROCEDURES FOR FALSE ALARMS
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Section 14.50.090 of the Town Code is amended to read as follows:
Sec. 14.50.090. Notice to owner and review.
(a) Upon receipt of the report of a false alarm, the Chief of Police or designee shall
review the report and may overrule, affirm, or modify the findings of the officer as can be
determined from the facts and this article. If the Chief or designee determines that a false alarm
occurred as defined by this article, the Chief will cause a written notice to be served upon the
owner of the alarm system. The notice will state the following:
(1) A false alarm was apparently made from the described property and the circumstance
involved in the false alarm; and
(2) The suggested steps that should be taken to prevent future false alarms; and
(3) A warning that if three (3) or more false alarms occur on the premises within a six -
month period, an escalating service charge may be assessed by the Town against the owner; and
(4) A statement that the owner may file a written response to the notice with the Chief
within thirty (3 0) days of the date of the notice for the Chief or designee to consider in mitigation
of the determination that a false alarm occurred, and a warning that the filing of a response is a
necessary prerequisite to any current or future contention that the alarm was not false in either a
judicial or administrative proceeding; and
(5) If the false alarm will subject the owner to an assessment pursuant to Section
14.50.225, a statement of the charge to be assessed and the basis for the charge.
(b) The owner may respond in writing to the notice from the Chief within thirty (30)
days of the notice. If such a response is filed, the Chief or designee will review the response and
may conduct additional investigation as appropriate to determine whether a false alarm as
defined in this article occurred. The determination of the Chief or designee following such a
review following a response shall be final, unless the determination of a false alarm would
subject the owner to a false alarm assessment under Section 14.50.225 because it would be the
third or more false alarm within a six -month period, in which case, the appeal rights under
14.50.105 apply. If no response, or appeal if applicable, is timely filed, the original
determination shall be final.
SECTION II
Section 14.50.095 of the Town Code is amended to read as follows:
Sec. 14.50.095. Notice of Right to Appeal.
In any case where the false alarm will subject the owner to an assessment pursuant to
Section 14.50.225, the written decision of the Chief of Police will state that the owner may
appeal the decision to the Town Manager by filing a notice of appeal with the Town Manager
pursuant to Section 14.50.100, and a warning that the filing of a appeal is a necessary
prerequisite to any current or future contention that the alarm was not false in either a judicial or
administrative proceeding.
SECTION III
Existing Town Code Section 14.50.100 is renumbered as Section 14.50.105 and new
Section 14.50.100 is adopted to read as follows:
Sec. 14.50.100. Appeals.
Any person who has filed a response to the Chief and has received an adverse decision
regarding a third or more false alarm within a six -month period may appeal to the Town Manager
by filing a written notice of appeal with the Town Manager within fifteen (15) days after service
of the notice of Chief s decision. The written notice of appeal shall specify the grounds for the
appeal, and the stated grounds shall constitute the scope of review for the appeal. Filing of a
notice of appeal shall stay an assessment until the appeal has been heard by the Manager. The
appeal shall be set for hearing within thirty (30) days from the filing of the notice of appeal. The
Town Manager may overrule, affirm, or modify the decision of the Chief of Police regarding the
false alarm or assessment amount, and the decision of the Town Manager shall be final and
conclusive.
W
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on March 20, 1995 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
, 1995. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor PATRICK O'LAUGHLIN
NAYS: None
ABSENT: None.
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN F LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
) '= ..... 1
CLERK OF THE TOWN O OS GATOS
LOS GATOS, CALIFORNIA
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