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Ordinance 1207 ORDINANCE N0. 1207 AN ORDINANCE OF THE CITY OF CllPERTINO REENACTING C}UIPTER 10.16 OF 'THE CUPERTINO NUNICIPAL CODE REGULATING POLICE ALARM 5Y5- TEMS AND DEVICES, REPEALING SECTION 10.26.180 AND AMENDING. SECTIONS 10.25.140, COLLECTION OF CHARGES, SECTION 10.26.080 AND SECTION 10.26.090 RELATING TO NOTICE TO OWNERS AND FALSE ALARM SERVICE CHARGE AND DECLARING THE URGnNCY T}IEREOF The City Council of the City of Cupertino does ordain as follows: Section 1. Reenactment Chapter 10.26 of the Cupertino Municipal Code is hereby reenacted in its entirety. Section 1. Repeal Section 10.26.180 is hereby repealed. Section 3. Amendment The following sections shall be aaended to read as follows: Section 10.26.080 Notice to owner of operator. Upon receipt of the report described in Section 10.26.070 above, the Code Enforcement Officer or other authorized person may cause a ar±tten notice to be served by mail or personally upon the responsible occupant of the premises on which the alarm was located. Said notice shall indicate that a false alarm t:as made from said premises, and that steps should be taken by the oernera to prevent future Ealse alarms. Said notice also shall state that in the event of a second false alarm occurring on the premises in the name calendar year as the first, a service charge shall be assessed against the owner fo: every such subsequent false alarm occurring within that calendar year. In the event that [he owner of the alarm system is not also the responsible occupant of the premises wherein such alarm system is installed, then the responsible occupant shall, upon receipt of notice immediately: A. Inform the owner of the alarm system and cause the notice to be delivered to the ownet•; and B. Notify the Code Enforcement Office: of the identity of the. owner of the alarm and that the notice has been delivered to the owner. In the event of failure of the responsible occupant, when not the owner, to comply with the above notification procedure, then the responsible occupant shall bear the responsibility of the owner of the alarm as provided in this chapter. Section 10.26.090 False alarm service charge. There is imposed a sereice charge upon every owner who reports, causes to be or permits to be reported, a false alarm as defined in this chapter. Said service charge shall be $63 for the second false alarm in each calendar year, $80 for the third false alarm in each calendar year and $97 for the fourth and subsequent false alarms in each calendar year reported on the same pcemises. ,Said charges shall bear interest at the legal rate from the date thirty days following the giving of notice provided in Section 10.Y6.080. Section 10.26.140 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 Gity may institute an action in any court of competent jurisdiction to collect said charges together with interest. and all administrative costa of collection. Section 4. Urgency This ordinance is declared an urgency measure and shall be in full force and effect upon its enactment. The facts constituting such urgency are ae follows: Existing Chapter 10.26 is repealed by its own terms on December 31, 1982. Unless the present proposed ordinance takes effect on January 1. 1982 or earlier, there will be a period of time for which no ordinance regulating police alarm systems will be in effect. The City Council believes that the public health, peace, comfort and general welfare ie immediately and seriously threatened unless this ordinance takes effect immediately. INTRODUCED AND ENACTED at a regular meeting of the City Council of the City of Cupertinu this 75rh day of N(1VPm},Pf .1982 by the following vote: Vote Hembera of the City Council AYES: Johnson, Plungy, Rogers, Gatto NOES: Sparks ABSENT: None ABSTAIN: None ATTEST: C~ .~ Ci y Clerk APPROVED: n Ma or, City of Cup tino - 2 -