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.
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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.
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~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
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