Sec. 27-108. False alarms; penalty assessments and permit revocation.
(a) Any alarm system which has more than two (2) false alarms within a permit year and/or has had their permit revoked and continues to have false alarms, shall be subject to service assessments as hereinafter provided and any alarm system which has ten (10) or more false alarms within a permit year shall be subject to permit revocation as hereinafter provided. NOTE: Sec. 27-108 shall not apply to newly (first time/original alarm systems) installed/activated alarm systems for the first thirty (30) days of operation.
(b) Notice of service assessment: Notice from the city to any permit holder shall be deemed to have been given on the date such notice is deposited in the U.S. mail, first class postage, prepaid, and addressed to the permit holder at the address shown in the city's permit records or delivered by personal service to the premises. Failure to mail notice to an alarm business shall not impair or invalidate any notice furnished to the alarm user. The notice of service assessment shall contain at least the following information:
(1) The amount of the assessed fee and number of false alarms during the permit year.
(2) The dates and times that emergency personnel responded to each alarm.
(3) The fact that the service assessment must be paid within thirty (30) days following the date of the notice.
(4) The notice of intent to revoke the permit after ten (10) false alarms during the permit year.
(5) The right of appeal to the false alarm appeal's committee of which the department of emergency services director is chairman.
(c) If the City of Lynchburg records more than two (2) false alarms within a permit year for any alarm system, the city shall notify the alarm user of such fact and direct that the user pay to the city a service assessment in the sum of fifty dollars ($50.00) for the 3rd false alarm recorded, fifty dollars ($50.00) for the 4th, fifty dollars ($50.00) for the 5th, seventy-five dollars ($75.00) for the 6th, one hundred dollars ($100.00) for the 7th, one hundred twenty-five dollars ($125.00) for the 8th, one hundred fifty ($150.00) for the 9th, one hundred seventy-five ($175.00) for the 10th, and two hundred dollars ($200.00) for the 11th and all successive false alarms. After the sixth (6th) false alarm in one (1) permit year the alarm user may be requested to submit a report to the department of emergency services, alarm coordinator, describing the actions taken or to be taken to discover and eliminate the cause of the false alarms. A copy of such notification shall be sent to the alarm business providing service or inspection to the user.
(d) If the alarm user submits a report as requested, the alarm coordinator shall determine if the actions taken or to be taken will prevent the reoccurrence of false alarms. The city shall notify the alarm user and the relevant alarm business in writing whether the permit will be revoked at that time. If the alarm permit is not to be revoked, then notification will be provided that if any subsequent false alarms occur within the permit year, the permit may be revoked without further notice on the tenth (10th) day after the date of the notice of revocation.
(e) If no report is submitted as requested, or if the city determines that the actions taken or to be taken by the alarm user will not prevent the reoccurrence of false alarms, the city shall give notice to the alarm user and alarm business providing service that the permit will be revoked effective on the tenth (10th) day after the date of the notice of revocation.
(f) If the alarm user fails to pay a service assessment within the time provided after receipt of notification from the city as provided with this section, the city may summarily revoke the alarm user's permit through notification to the alarm user and to the alarm business providing service to the user, which notification shall be effective on the tenth (10th) day following the date of said notice of revocation.
(g) An alarm user whose permit has been revoked shall be furnished notification of such revocation and shall within three (3) days after the date of said notice of revocation discontinue the use of the alarm system. It shall be unlawful for any alarm user to fail to disconnect such system within three (3) days as herein defined and such failure shall subject the alarm user to the penalties hereinafter provided.
(h) For purposes of any notification to be provided under the terms of this article, such notice shall be effective if the same is mailed addressed to the alarm user at the address furnished to the city in connection with a permit application or at such other address as the alarm user may furnish in writing to the city and such notice shall be effective if mailed to the alarm business at the address provided to the city in connection with the filing of alarm user instructions, or alternatively, to the last known address of said alarm business.
(i) After permit revocation, the alarm user shall take steps to alleviate the false alarm problem. Alarm permits which have been revoked may be reinstated after a report is submitted describing corrective actions taken along with an alarm user application form as described in Section 1-5 (A) and payment of a reissued users alarm permit fee.
First reissued users permit in original one-year period $ 50
Second reissued users permit in original one-year period $100
Third reissued users permit in original one-year period $150
Fourth and each reissued users permit in original one-year period $200
(Ord. No. O-91-276, 11-12-91, eff. 1-1-92; Ord. No. O-00-009, 01-11-00, eff. 01-01-00; Ord. No. O-11-068, 5-24-11)
Last updated date: 5/31/2011 10:23:28 AM