Chapter 11.60 — FALSE POLICE ALARMS

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)

Alarm system shall mean any device designed for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act, which device, when actuated, emits a sound beyond the business premises or residential unit or dwelling protected by such device or transmits a signal or message to another location.

(b)

False alarm shall mean an activated alarm or alarm signal from any alarm which is responded to within the Town of Apple Valley by the San Bernardino County Sheriff's Department, but for which no emergency situation exists or where there is no evidence to indicate that there was an emergency situation as determined by the responding officer. "False alarm" shall not include those alarms activated by extraordinary meteorological, atmospheric, or other conditions or means as determined by said Sheriff's Department.

(c)

Fiscal year shall mean the period from and including July 1 of any year to and including June 30 of the following year.

(d)

Person shall mean individual, partnership, corporation, or other entity.

A service charge which is established by resolution of the Town Council of the Town of Apple Valley in order to defray costs incurred in providing law enforcement services in response to a false alarm shall be paid to the Town, by each person who possesses premises, for each third and subsequent police response made to those premises generated by a false alarm during any fiscal year.

Where practical difficulties make it impossible or extremely difficult to comply with this Chapter, the Town Manager or his/her designee or his or her authorized representative may issue a waiver of any service charge to be billed, subject to such terms and conditions as he or she may deem necessary to protect the public health and safety so that the spirit of this Chapter shall be observed, the public health and safety secured and substantial justice done.

The alarm service charge shall be a civil debt owing the Town from the owner, occupant or person in possession, charge or control of the location of the alarm unit.

If an invoice for the service charge is unpaid 60 days after mailing, a penalty of 10% shall be charged, and an additional 1½% per month shall be charged until the charges and penalties are paid in full.

If court action is taken to enforce non-payment of charges, the user or property owner shall pay all reasonable attorney's fees incurred by the Town.

Any charges authorized pursuant to this Chapter which remain unpaid after the delinquent date as set forth in Section 11.60.040 may be collected thereafter by the Town as provided in this Section.

(a)

The Town Council shall cause a report of delinquent charges to be prepared periodically. The Council shall fix a time, date, and place for hearing and report and any objections or protest thereto.

(b)

The Town Council shall cause notice of hearing to be mailed to the property owners listed on the report not less than 15 days prior to the date of the hearing.

(c)

At the hearing, the Town Council shall hear any objections or protests of property owners liable to be assessed for delinquent charges. The Town Council may make such revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(d)

The delinquent charges set forth in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of such delinquent charges plus administrative costs. A certified copy of the confirmed report shall be filed with the Town Clerk, or Auditor appointed by the Town Council, for amounts of the respective parcels of land as they appear on the current assessment roll. The lien created attaches upon recordation, in the office of the County Recorder, of a certified copy of the resolution of confirmation. The assessment may be collected at the same time and in the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of Town ad valorem property taxes shall be applicable to such assessment.

(Ord. 75, 3-26-91)