(a) If the alarm administrator assesses a fine, the alarm administrator shall send written notice of the action, and a statement of the right to an appeal to the alarm user and/or security alarm monitoring company.

(b) The alarm user may appeal an assessment of a fine to the alarm administrator by setting forth in writing the reasons for the appeal within fifteen business days after receipt of the fine.

(c) The alarm user may appeal the decision of the alarm administrator to the city of Travelers Rest municipal court as follows:

(1) The alarm user must file a written request for review to the city of Travelers Rest municipal court setting forth the reasons for the appeal within fifteen business days after the date of notification of the decision from the alarm administrator. An appeal fee of twenty-five dollars must accompany the written request. Appeal fees will be returned if the appeal is upheld.

(2) The municipal court shall conduct a formal hearing within thirty days of the receipt of the request and consider the evidence by any interested person(s). The court shall make its decision on the basis of the preponderance of evidence presented at the hearing. The court must render a decision within fifteen days after the date of the hearing. The court shall affirm or reverse the decision of the alarm administrator.

(d) Filing of a request for an appeal shall stay the action by the alarm administrator requiring payment of a fine until the court has completed its review. If a request of appeal is not made within the fifteen business-day period the action of the alarm administrator is final.

(e) In any appeal of a false alarm penalty the alarm administrator or municipal court may adjust the count of false alarms based on:

(1) Evidence false alarm(s) were caused by an act of God;

(2) Evidence that a false alarm was caused by action of the telephone company;

(3) Evidence that a false alarm was caused by a power outage lasting longer than four hours;

(4) In determining the number of false alarms, multiple alarms occurring in any twenty-four hour period may be counted as one false alarm; to allow the alarm user time to take corrective action unless the false alarms are directly caused by the alarm user.

(f) With respect to fines of an alarm user, the alarm administrator or municipal court may take into consideration whether the alarm company had engaged in a consistent pattern of violations. (Ord. O-16-04 (part), 2004)