Citrus Heights Municipal Code Div. 2 Permit

(a) Except as otherwise provided in this division, it shall be unlawful for any person to connect, operate, or cause to be connected or operated an alarm system in the city on an alarm site without a valid alarm system permit. Alarm system permits issued under prior county ordinances shall cease to be valid after July 1, 2006.

(b) The application for an alarm system permit shall contain an agreement, which the applicant must sign before a permit is issued, whereby the applicant/permittee agrees to reimburse the city for costs incurred by the city resulting from excessive numbers of false alarms.

(c) Persons owning or in possession of property which an alarm system is intended to protect shall be responsible for securing the proper alarm system permit, and such permit shall be issued only to the person who owns or is in possession of the property which the alarm system is intended to protect.

(d) The chief of police shall issue the alarm system permit within a reasonable period of time following the receipt of the application, unless the alarm system does not comply with the specifications contained in this article, the applicant has failed to comply with the required fee, or the application contains a misrepresentation of fact.

(e) If the chief of police denies the permit to an applicant for any of the reasons set forth in subsection (d) of this section, the applicant shall have the right to a hearing concerning the denial pursuant to sections 30-73 through 30-75.

(f) Any person who operates an alarm system without a permit shall apply for a permit within 30 days of the chief of police's mailing of a notice to obtain the permit and shall pay the fee provided for in section 30-69, plus a surcharge of $25.00. Failure to apply for a permit within the required time shall result in an additional fee in an amount set by resolution of the city council.

(g) A service fee invoice shall be mailed to the alarm operator within 30 days following the assessment of the fee. Fees shall be due and owing no later than 30 days after the date of mailing the invoice. The date of mailing shall appear on the invoice. Fees received after the due date shall be subject to a late fee of $25.00. Fees received more than 60 days after the due date shall be subject to an additional late fee of $25.00.

(Ord. No. 97-01, § 2(9.96.085), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.085), 12-17-1997; Ord. No. 2007-01, § 1, 4-12-2007)

(a) Application for an alarm system permit shall be filed with the chief of police on such forms as the chief of police may prescribe.

(b) An applicant may apply for a single permit for multiple alarm sites or for separate permits for each alarm site. If an applicant chooses to apply for a separate permit for each alarm site, a separate application and permit fee shall be filed for each permit.

(Ord. No. 97-01, § 2(9.96.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.090), 12-17-1997)

(a) Each alarm system permit application must contain the following information:

(1) The names, addresses, and telephone numbers of the person who will be the permit holder and of the person responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this division.

(2) For each alarm system located at the alarm site, the purpose of the alarm system; i.e., burglary, robbery, or panic.

(3) Other information as may be reasonably required by the chief of police.

(b) The information furnished and secured pursuant to this section shall, to the extent permitted by law, be confidential and shall not be subject to public inspection. It is hereby declared that this information is critical to the safety and security of the alarm user and law enforcement personnel and that public interest, by not disclosing the information to the public, clearly outweighs the public interest served by disclosing the information.

(Ord. No. 97-01, § 2(9.96.095), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.095), 12-17-1997)

Except for persons exempt pursuant to Government Code § 6103, every application for an alarm system permit shall be accompanied by a non-refundable fee in an amount set by resolution of the city council. Upon the expiration of the alarm system permit, renewal applications shall be accompanied by a non-refundable renewal fee in an amount set by resolution of the city council. These fees shall be in addition to any other fee imposed by the city and are imposed for the purpose of defraying the costs of processing and overseeing the permit process and the cost of patrol response to false alarms.

(Ord. No. 97-01, § 2(9.96.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.100), 12-17-1997; Ord. No. 2007-01, § 1, 4-12-2007)

(a) Any alarm system permit issued in accordance with this division shall be valid only as to the person named on the permit and only for the particular address specified on the permit. The alarm system permit will expire 12 months from the date of issuance. The permittee can renew an alarm system permit by submitting a renewal application accompanied by a renewal fee.

(b) If a permittee wishes to renew his, her, or its license issued pursuant to this article, the permittee shall submit an application form to the chief of police no later than 30 days prior to the expiration of the existing permit. The permittee shall follow the procedure set forth in this division for original license applications. The police chief shall extend the term of the immediately preceding permit during the period of processing the permit renewal.

(c) If the permittee's name is legally changed, the permittee shall so inform the chief of police within ten days of such change and no fee shall be assessed to correct the permit.

(d) The permittee shall inform the chief of police of any other general information changes to the application within ten days after such change, and no fee shall be assessed for changing the chief of police's records.

(Ord. No. 97-01, § 2(9.96.105), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.105), 12-17-1997; Ord. No. 2007-01, § 1, 4-12-2007)

(a) Fee established. As provided in this section, false alarms shall incur a service fee, calculated per a 12-month period, payable to the city. The amount of the fee shall be set forth in the schedule of fees adopted by resolution of the city council, as may be amended from time to time. Multiple false alarms within a 24-hour period shall be counted as one false alarm for the purpose of assessing fees.

(b) Payment of fee. A service fee invoice shall be mailed to the alarm user within 30 days of the false alarm. The service fee shall be due and owing no later than 30 days after the date of mailing the invoice. The date of mailing shall appear on the invoice. Fees received after the due date shall be subject to a late fee of $25.00. Fees received more than 60 days after the due date shall be subject to an additional fee of $25.00.

(c) Discontinuance of response. In addition to any other action that may be taken pursuant to this article, the chief of police may discontinue responding to alarms at any location if the chief of police has responded to six or more false alarms at that location during any calendar year. The period of nonresponse shall be determined by the chief of police, but shall not exceed six months. This shall apply to permit holders as well as persons who are unlawfully operating an alarm system without a permit or with a permit that has been suspended. The chief of police may terminate the period of nonresponse imposed upon receipt of satisfactory evidence that the problem creating the false alarms has been corrected. The chief of police may discontinue response if any false alarm service fees remain unpaid 60 days after invoice, until such time as such fees are paid, plus an additional five business day sin order to allow sufficient time to process payments.

(d) Appeal. Any person may appeal the assessment of a false alarm service fee by filing a notice to appeal with the chief of police within 15 days of the mailing of the service fee invoice. The service fee invoice shall advise on whom the fee is assessed the right to appeal. The notice of appeal shall state all reasons why the appealing party believes that the fee was improperly assessed and shall be accompanied by any documentary evidence that the appealing party wishes to be considered. The appeal and all documentation shall be reviewed by the chief of police. The decision of the chief of police shall be final. If it is determined that the false alarm fee was improperly assessed, the fee shall be canceled.

(Ord. No. 97-01, § 2(9.96.110), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.110), 12-17-1997; Ord. No. 2007-01, § 1, 4-12-2007)

When grounds as provided in this section exist, the chief of police may determine to suspend an alarm system permit. Suspensions of permits shall be for a maximum of 365 calendar days. Use of the alarm system during a suspension of the permit shall be a violation of this article. The following shall constitute grounds for suspension of an alarm permit:

(1) The violation of any of the sections of this article.

(2) A false statement on the permit application.

(3) Failure to pay any fine assessed by a court of competent jurisdiction pursuant to section 30-35.

(4) Failure to pay any false alarm service fee pursuant to section 30-71(b) or any other service fee pursuant to this article.

(5) Six or more false alarms during any calendar year.

(Ord. No. 97-01, § 2(9.96.115), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.115), 12-17-1997)

(a) If an application for an alarm system permit is denied or a permit is to be considered for suspension pursuant to section 30-72, the chief of police shall serve on the applicant or permittee a written notice of the proposed action, including, for suspension, the length of the proposed suspension and of the right to a hearing on the matter. Service shall be by certified/registered mail to the applicant's or permittee's last known address. Service shall be considered complete five days after such mailing. The applicant or permittee may, within ten calendar days after service of the notification, file a request for a hearing. Such request shall be in writing and mailed to or deposited with the chief of police and shall be accompanied by a filing fee of $25.00 to cover the cost of processing the appeal. The filing fee shall be refunded to the applicant or permittee if the applicant or permittee prevails at the hearing. If no request for a hearing is filed within the time and in the manner prescribed in this section, the right to a hearing on the proposed denial or suspension shall be deemed to have been waived, and the chief of police may proceed to deny or suspend the permit according to the terms of the original notice of the proposed action.

(b) Upon receiving a written request for a hearing, the chief of police shall serve on the applicant or permittee, by first class mail, a notice of the time and place of the hearing. Service shall be made at least ten calendar days prior to the date set for the hearing.

(c) Upon the receipt of a written request for a hearing for a suspension, the chief of police shall take no further suspension action until a hearing has been held pursuant to section 30-75 and the chief of police has the written decision of the hearing officer.

(Ord. No. 97-01, § 2(9.96.120), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.120), 12-17-1997)

The hearing prescribed, described by section 30-75, shall be conducted by an individual who is designated by the city manager. The individual may be an employee of the city who is not assigned to the police department or otherwise subordinate to the chief of police, or an individual who is not an employee, retained pursuant to a contract to provide such services. The city manager is hereby authorized to contract in the name of the city for the services of such a hearing officer at rates for such services which do not exceed $75.00 per hour of service rendered.

(Ord. No. 97-01, § 2(9.96.125), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.125), 12-17-1997)

(a) If a request is made for a hearing by the applicant or permittee, pursuant to this division, a hearing shall be conducted by the hearing officer. The chief of police shall carry the burden of proof that grounds exist for denial or suspension. The applicant or permittee may appear, present evidence and examine and cross examine witnesses. If the applicant or permittee fails to appear at the time, date and place appointed for the hearing, the hearing shall be conducted in the absence of the applicant or permittee, and the hearing officer shall render a decision based upon evidence presented during the hearing. For good cause, the hearing may be continued upon request of either the chief of police, applicant, or permittee. The hearing shall be tape recorded, and all documents presented as evidence shall be maintained as part of the record of the hearing. At the request of either the chief of police, applicant, or permittee, the city clerk shall, on behalf of the city council, issue subpoenas for attendance of witnesses at the hearing.

(b) At the conclusion of the hearing, the hearing officer shall issue a written decision, including findings of fact and conclusions. For a permit suspension, the decision shall determine the length of the suspension. The decision of the hearing officer shall be final as to all parties, and the provisions of section 8.36.010 of the Sacramento County Code, as adopted by the city, shall not be applicable to proceedings under this article. If the hearing officer's decision is adverse to the applicant or permittee, the decision shall advise the applicant or permittee that chapter 26, article II, provides for judicial review, and a copy of chapter 26, article II, shall be attached to the decision. The decision shall further advise the applicant or permittee that the time limits for judicial review are governed by Code of Civil Procedure § 1094.6.

(Ord. No. 97-01, § 2(9.96.130), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 97-23, § 1(9.96.130), 12-17-1997)

This division is hereby found to be categorically exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3).

(Ord. No. 2007-01, § 2, 4-12-2007)