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Ordinance 1526 ORDINAl~ NO. 1526 AN OF 'III CPTY OOiR1CIL OF ~ CITY OF CUPFRTIIJO AMF2iDI2iG SDCPION 10.26.090, 10.26.100, 10.26.110,.10.26.120 AND 10.26.130 OF ~ CZJP:IiT.IIJiO MLQJICIPAL ODl3r, FALSE AIA1d~S SFRVICB 'III CLTY O0f7NCLL OF ~ CITY OF C[JPF2LPIN0 HIItIDY ORDAINS that Sections 10.26.090, 10.26.100, 10.26.110, 10.26.120 and 10.26.130 of Chapter 10.26 of the c~ertira Municipal Cade, Regulation o! Fblioe Alarm Systems and Devices, shall reed as follows: jQ.26.090 False Alarm Service Charge: ZYyer+a is imposed a service d:azge upon every owner who reports, causes to ba ar permits to be reported a false alarm as delinad in this Chapter. Said service dsarge shall be aoaozdi:x3 to a schedule adopted by the City Marsager to retlect the total cast of achninisteririq the police respa':se and oollecticn casts for a false alarm. Said da~f~ollowing the ivrtiotiace, as orevided in Sectial Ot26.0~80 y 10.26.100 Assessment of Service Charge: Rhe City Manager is empowered and authorized to designate such pers~ ar persons who shall entozve the prwisi.arm of this chapter. Upon receipt by said enforoe~asst officer of a report of a false alarm ariginating free pretnisas to which was sent a notion as described in Section 10.26.080 above, he shall cause to be served a notice of assesmaerzt of the service charge, which notice shall describe the date and film of the alleged false alana, and whether police per..oru~el zpspor:ded thereto. said ratios shall also request payment of the assent ~ wit2•.in 30 days 8tm the date of the ratios and shall indicate the eocistenoe and terms of the hearing provisions contained in this chapter 10.26.110 Payment and Hearira• On ar before thirty days following iasuanoa of the notice of assessment described in Section 10.26.100, the recipient of such notion shall cause to be remitted to the office of the City Treasurer the full amount of such service charge. The service Charge shall be oonsicler+ed delinquent fifteen days after the date to request a hearing before the City Manager ar City Council, as the case may be, has expired. -1- 10.26.120 Hearira Procedure; A. Hearing Before the Ci~ Mennger: Any parsons dissatisfied with the assessment may file a wr tten request with the City Manager, within 10 days from the date of the notice, Ear a hearing regarditsg the investigation and dratA*+~i*+++tion of the assessment. Upon receipt of a request for a hearing, a hearing shall be scheduled before the City .Manager ar his ar her designee within fifteen days Emn receipt of the request. Rhe City Manager shall cause mtioe o! the hearing date, place and time to be mailed to the person requesting the hearing At the hearing, evidence shall be heaitl infasmally std written findings of Fact shall be made by the City Manager or his or her designee. ZYse City Manager shall then notify the person who zequested the hearing of the written findings tcgethar with a reoomaeadatian that the assesmmierst change be set aside or oonfizaieci in whole ar in part. Ea the event that it is rs~oommended that the assessment be confirmed in whole ar in part, the rsotioa shall request payment within fifteas days of the date of the notice and shall indicate the existence of and procedure for appealing the City Manager's reooaanerdation to the City Council. B. Hearing Before the City Council: Any person dissatisfied at the City Manager's reaomnendatius to set aside or oonfiz~n the assessment may, within fifteen days lrnntth~ data of notification of the City Manager's reoommendatiat, file with the City Clerk a written request for a hearing before the City Council. A public hearing shall be scheduled Within 30 days of the date of the filing of the request for a City Council hearing. Notice of the time and place of the hearing shall be given not less than 10 days prior to the hearing to the party requesting the hearing. use City Caunil shall hold a hearing and upon car~sideration of the City Manager's findings, reocm<oesdation, and such other evidence as it deems relevant set aside ar confirm the asses~*+* in whole ar in part. 10.26.130 Failure to ReayewSt Hearirw: In the event that any person to whom notice as described in Section 10.26.100 was mailed Eails to either remit the full amount of the assesmnent ar to request a hearing within the time allowed, the-City Manager shall make such findings and reoamoendation as is warranted by the evidence. -2- ~tDII~II~PACE N0. 1526 INIR00[FC® at a regular meeting of the City Oauycil of the City of Cupertino this hrh day o! nuauae ,1990, and II~0-C.TID at a z+egular meeting Ot the City OotII~ci1 of the City of Cupertino this 17th day Ot September ,1990, by the following wte: yQ~ Memher9 O! the City Camcil AYES: Goldman, Roppel. Sorensen, Rogera NOS: None Affif2TP: Szabo AH6TA~i: None ATPFS'P: ; ,~,_ I- ~ 1, lnA6~ d .o tyC~Clerk ~-~~1°" Mayor. City of -3-