Bell Municipal Code Art. VI Suspension, Revocation and Appeal

Any permit issued pursuant to this chapter may be suspended by the alarm administrator upon any one or more of the grounds specified in this chapter.

(Ord. 1180 § 1, 2010)

The following shall each constitute grounds for suspension or revocation:

A. The violation of any provision of this chapter when written notice of such violation has been sent to the permittee by the alarm administrator and the violation, or cause thereof, has not been corrected within the time specified in such notice;

B. The failure to comply with any rule or regulation duly promulgated by the alarm administrator pursuant to their authority under this chapter when written notice of such failure has been sent to the permittee by the alarm administrator and the failure, or cause thereof, has not been corrected within the time specified in such notice;

C. The violation of any state or federal law governing the licensing, construction, installation, repair or operation of any alarm system or device or governing the qualifications of any person authorized to engage in such activities when written notice of such violation has been sent to the permittee by the alarm administrator and the violation, or cause thereof, has not been corrected within the time specified in such notice;

D. Where an alarm system malfunctions and/or produces chronic or excessive false alarms and the alarm administrator determined that such malfunctions or false alarms constitute a public nuisance or jeopardize the public welfare or safety;

E. Where the applicant or permittee, or other person acting on his or her behalf, has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be submitted to the city pursuant to this chapter;

F. Where the applicant or permittee has previously had a permit issued under this chapter revoked or suspended for good cause within the past year, unless the applicant can show a material change in circumstances since the date of previous revocation or suspension.

(Ord. 1180 § 1, 2010)

A. The alarm administrator, through the chief administrative officer's office, shall initiate a suspension by notifying the permittee in writing of such action. The suspension shall be effective at the times specified in the definition of "notice," pursuant to Section 5.16.070.

B. Immediately upon such suspension becoming effective, the permittee shall discontinue the use of any alarm system requiring a permit under this chapter and cease all operations conducted under the authority of any permit issued pursuant to this chapter.

(Ord. 1180 § 1, 2010)

Any suspension issued under this chapter shall become a revocation 15 days after the suspension is effective unless the suspension is appealed as described in Section 5.16.060 et seq.; provided that the chief administrative officer may rescind the suspension by serving written notice thereof upon the permittee at any time prior to revocation becoming final.

(Ord. 1180 § 1, 2010)

Any application for a permit required by this chapter may be denied by the alarm administrator upon any ground for which a permit could be suspended or revoked.

(Ord. 1180 § 1, 2010)

The suspension, revocation or denial of a permit pursuant to this chapter is appealable in the manner set forth in Section 5.16.050 et seq.

(Ord. 1180 § 1, 2010)

Whenever any permit for an alarm system has been revoked by the alarm administrator pursuant to this chapter, a new permit may be issued upon reapplication and compliance with the following:

A. Payment in full of any outstanding and past due fees and charges owing to the city and related to alarm systems installation, use, maintenance or repair;

B. Payment of a reapplication fee as established by resolution;

C. Correction of any problem or equipment which was the basis for the revocation in a manner satisfactory to the police chief;

D. Installation of an alarm screening system on all alarm systems for which a new permit is issued when, in the opinion of the police chief and/or fire chief, such screening is necessary to prevent or reduce further chronic and/or excessive false alarms.

(Ord. 1180 § 1, 2010)

Alarm registration is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm registration, the alarm user and alarm installation company and/or monitoring company acknowledges that City of Bell's response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels, prior response history and administrative actions.

(Ord. 1180 § 1, 2010)

The provisions of this chapter are severable. If a court determines that a word, phrase, clause, sentence, paragraph, subsection, section, or other provision is invalid or that the application of any part of the provision to any person or circumstance is invalid, the remaining provisions and the application of those provisions to other persons or circumstances are not affected by that decision.

(Ord. 1180 § 1, 2010)