§ 2.5-25. Appeal procedure.

A person who receives either a notice of a false alarm or an invoice for payment of a false alarm fee shall have ten (10) days from receipt of the notice or invoice to appeal a false alarm determination by calling the city at the telephone number shown on the notice or invoice and advising that he or she wishes to initiate an appeal of the false alarm determination. If a person fails of call within ten (10) days to initiate an appeal, the person shall be deemed to have waived his or her right to appeal a false alarm determination.

Upon receiving a request to initiate an appeal, the city shall send the initiating party a written acknowledgement of the appeal. The person shall have thirty (30) days from the date the acknowledgement is mailed by the city to submit in writing any credible evidence intending to show that the false alarm determination was erroneous. All written testimony shall include a notarized statement that the facts testified to are true and correct to the best of the testifier's knowledge. A hearing officer appointed by the city manager shall determine whether a false alarm has occurred based on a preponderance of the evidence presented, including any police reports of the alarm incident. The hearing officer will advise the appealing party in writing of his or her decision within fifteen (15) days of the deadline for receipt of the written material. Within thirty (30) days of a decision by a hearing officer, any person who receives an adverse decision may seek a de novo review of such decision in Broward County Circuit Court in the manner provided by state law. Failure to appeal to circuit court within thirty (30) days shall result in a person waiving his or her right to appeal.

(Ord. No. 403-A, § 1, 11-12-91; Ord. No. 403-B, § 1, 5-26-92)