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HomeMy WebLinkAbout38.105-1 ORDINANCE NO. 38.105-1 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTIONS 10.37, 10.38, 10.39, 10.40, 10.41 AND 10.42 OF CHAPTER 10, ARTICLE II, OF THE SARATOGA CITY CODE, PERTAINING TO THE REGULATION OF POLICE ALARM (BURGLAR ALARM) SYSTEM AND DEVICES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 10.37 of Chapter 10 of the Saratoga City Code is hereby amended to read as follows: Section 10.37. Investigation of False Alarms. One of the law enforcement officers responding to each emergency alarm as defined herein shall attempt to ascertain by investigation whether said alarm was activated with reasonable cause therefor or was a "false alarm" within the meaning of Section 10.32 above. In the event that his investigation indicates that the alarm was a false alarm, the investigating officer shall prepare a report of his investiga- tion and forward it to the Code Enforcement Officer of the City of Saratoga, or such other person as may be designated by the City Manager, stating his conclusions and the factual basis for such conclusions. The investigating officer shall also serve a copy of the investigation report on the owner and/or occupant of the premise~ on or in which the false alarm occurred by delivering the same to and leaving it with some person of suitable age and discretion upon the premises; or if no such person is found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. SECTION 2: Section 10.38 of Chapter 10of the Saratoga City Code is hereby amended to read as follows: Section 10.38. False Alarm Service Charge. There is hereby imposed a service charge upon every owner of every building, structure, or other premises on or in which a police alarm system is located, who reports, causes to be, or permits to be reported, any false alarm as defined in this chapter. Said service charge shall be in an amount fixed by resolution of the City Council, which is determined to reasonably reflect the cost to the City of responding to each such false alarm. -1- SECTION 3: Section 10.39 of Chapter 10 of the Saratoga City Code is hereby amended to read as follows: Section 10.39. Assessment of Service Charge. The Code Enforcement Officer, or such other person as may be designated by the City Manager, shall enforce the provisions of this chapter. Upon receipt by said enforcement officer of a report of a false alarm originating from premises, he shall cause a notice of assessment of the above-described service charge to be sent to the owner, which notice shall describe the date and time of the alleged false alarm, and whether police personnel responded thereto. Said notice shall further require payment of said service charge within thirty (30) days following receipt, and shall indicate the existence and terms of the appeal provisions contained in this chapter. SECTION 4: Section 10.40 of Chapter 10 of the Saratoga City Code is hereby amended to read as follows: Section 10.40. Payment and Appeal. On or before thirty (30) days following issuance of the notice and assessment described in Section 10.39 above, the recipient of such notice shall cause to be remitted to ~he office of the City Clerk the full amount of such service charge. Any person dissatisfied with the assessment may attach to such payment a written request for an appeal regarding the investigation, determination, and assessment of said service charge. SECTION 5: Section 10.41 of Chapter 10 of the Saratoga City Code is hereby amended to read as follows: Section 10.41. Appeal Procedure. Upon receipt of a request for an appeal, the City Clerk shall forward such request to the office of the City Manager. The City Manager, or such other person as may be designated by the City Council, shall review the investigation report, notice of assessment, and any written statements or other documentary evidence submitted by the appealing party within fifteen (15) days from receipt of the request, and upon consideration of such evidence shall set aside or confirm said assessment, in whole or in part. In the event that any portion of said assessment is set aside, a corresponding sum of money shall be refunded to the person by whom it was paid to the City. -2- SECTION 6: Section 10.42 of Chapter 10 Of the Saratoga City Code is hereby amended to read as follows: Section 10.42. Collection of Charges. In the event of the failure of any person to pay the charges assessed pursuant to the provisions of this Ordinance, the City may institute an action in any court of competent jurisdiction to collect any charges which may be due and payable in the same manner as any other debts owing to the City may be collected, in addition to the remedies and penalties imposed by Section 1.7 of this Code. SECTION 7: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be held invalid or unconstitutional. SECTION 8: This ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its passage and adoption. The above and foregoing ordinance was regularly introduced and after the waiting time required by law was thereafter passed and adopted this 4th day of May , 1983, by the following vote: AYES: ' Councilmembers Clevenger, Fan~lli, Mallory, Moyles and Mayor Callon NOES: None ABSENT: None ~~ ~ Mayor ATTEST: City Clerk The above and foreceing is a true and correct copy of O~'dinE~i"{:e 3Fg'-/o,r-~ which has been published acce!'d:.,:g [,: law. ,_ Deputy City Clerk .... l)all~ _ -3-