9.16.080 Enforcement/penalties.
A. False Alarms. Civil penalties for false alarms may be assessed against an alarm user as follows:
1. First false alarm: alarm user awareness class or $100.00.
2. Each subsequent false alarm: $100.00.
3. First panic/robbery/silent/burglary/duress false alarm: alarm user awareness class or $200.00.
4. Each subsequent panic/robbery/silent/burglary/duress false alarm: $200.00.
B. Other Civil Penalty(ies). Any other violations of this chapter will be enforced through the assessment of civil penalty(ies) in the amount of $100.00 per violation.
C. Alarm User Awareness Class. The city may create and implement an alarm user awareness class. The class shall inform alarm users of the problems created by false alarms and instruct alarm users how to help reduce false alarms. The city may grant the option of attending a class or viewing a class online in lieu of the first false alarm fee.
D. Notice of Violation and Civil Penalty(ies) (Notice of Civil Penalties). Violators of this chapter shall be notified in writing of their violation(s) and penalty. The notice of civil penalty shall include the following:
1. The name and address of the person responsible for the violation; and
2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the alarm violation has occurred or is occurring; and
3. A description of the violation and a reference to the provision(s) of the city regulation which has been violated; and
4. The required penalty amount due, the manner and means of payment, and a demand that the penalty must be paid within 30 days of service of the notice after which the city may seek collection of funds (including the costs of collection) unless the violator requests an internal review or files an appeal; and
5. The monetary penalty constitutes a personal obligation of the violator; and
6. The right to ask for internal review of the notice of civil penalty or request a fee waiver to the Bellevue police department’s alarm detective within 15 days after the date of notice of civil penalty(ies) as described in subsection H of this section; and
7. The right to file an appeal with the hearing examiner within 15 days of the date of the department alarm detective’s written final determination of the internal review/request for fee waiver.
E. Service of Notice. The notice of civil penalty(ies) shall be sent to the violator’s registered mailing address on the alarm permit. The notice shall be sent by first class mail. Alternatively, the notice of civil penalty can be personally served on the violator. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service.
F. Discontinuance of Law Enforcement Response. The chief of police, or his/her designee, may in his/her discretion discontinue police responses to alarm signals from what appears to be a runaway alarm or the failure of an alarm user to make payment of any civil penalty(ies) assessed under this chapter as required until payment is received.
G. Civil Noncriminal Violation. A violation of any of the provisions of this chapter shall be a civil violation and shall not constitute a misdemeanor.
H. Internal Review of Notice of Civil Penalties or Request for Waiver of False Alarm Fee.
1. If the violator believes the violation did not occur and/or where in the interest of justice imposing a fee is not appropriate, the violator may submit a written request for internal review to the notice of civil penalty to the alarm detective within 15 days of the date of the notice of civil penalty. The request shall state all reasons for disputing the notice of civil penalty.
2. The alarm detective shall consider the information and respond in writing to the violator within 15 days of receipt of the request stating whether the notice of civil penalty has been withdrawn or upheld and the reasons supporting the decision. If the alarm detective upholds the notice of civil penalty, the alarm detective shall notify the violator:
a. Of the right to appeal the notice of violation by requesting a hearing before a hearing examiner within 15 days of the date of the alarm detective’s decision as provided in this section;
b. That the notice of appeal shall explain the reasons supporting the appeal;
c. Of the obligation to pay the civil penalty within 30 days of the alarm detective’s written decision if no appeal is filed; and
d. The address at which to file the appeal.
3. The city will send the alarm detective’s decision to the violator at its address on file with the alarm administrator.
I. Monetary Penalty. The monetary penalty must be paid to the city in the manner designated in the notice of penalty. The city attorney or his/her designee is authorized to take appropriate action to collect the monetary penalty. The violator will be responsible for the costs of collection in addition to the monetary penalty. (Ord. 6214 § 2, 2014.)