Oxnard Municipal Code § 11-75 Suspension or Revocation of Security Alarm Permit; Procedures

Sections 11-75.1 through 11-75.3 shall govern the suspension and revocation of security alarm permits and related procedures.

(Ord. 2951)

(A) An alarm user's permit shall be suspended or revoked when an alarm system generates five or more false alarms in a period of 12 consecutive months.

(B) In accordance with the procedure contained in section 11-72(C), a permit may be suspended or revoked if the permittee fails to make timely payment of false alarm dispatch fees, or false alarm fines or penalties.

(C) The city shall suspend burglary alarm call dispatches to alarm sites whose permit is in a suspended or revoked status.

(1) Absent the alarm user's written request to their alarm business and the alarm administrator that indicates otherwise, the suspension of an alarm user's permit will not discontinue responses to robbery, panic, and duress alarms.

(2) Regardless of circumstance or call disposition, all police alarm dispatches to the alarm site whose permit is under suspension shall be treated and fined as the equivalent of a response to an excessive false alarm, as prescribed in subsection 11-72(D)(2).

(3) Regardless of circumstance or call disposition, all police alarm dispatches to an alarm site with a revoked alarm permit shall be treated and fined at an amount established by city council resolution, regardless of circumstance or call disposition, as prescribed in subsection 11-72(E)(2).

(Ord. 2951)

(A) The hearing officer shall give to the permittee written notice of the alarm administrator's recommendation for revocation or suspension of the permit. Such notice shall include the reason for the proposed revocation or suspension, and the time, place, and date of a hearing thereon, which date shall be no sooner than ten days, nor longer than 15 days from the date of the notice. Such notice shall be deposited in the United States mail, postage prepaid, addressed to the permittee at the mailing address stated in the application for the permit.

(B) The hearing shall be held before a hearing officer, who shall decide all issues raised by the proposed revocation or suspension. The permittee may appear at the hearing in person or through a representative. The permittee may also submit a written statement of the permittee's position, which the hearing officer shall consider if the hearing officer receives the statement at or before the time of the hearing.

(C) The hearing officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. The hearing officer shall make a decision based on the preponderance of the evidence presented at the hearing.

(D) The alarm administrator shall first present evidence of the basis for the recommended action. The permittee (or other person billed pursuant to section 11-74.2) may then present evidence, by written statement or otherwise. The burden of proof by preponderance of the evidence is on the alarm administrator.

(E) Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the permittee (or other person billed pursuant to section 11-74.2), a written decision containing a statement of reasons on which the decision is based. If the hearing was held pursuant to subsection 11-74.2(H), and the decision is that imposition of the fees and penalties is justified by this article, the decision shall also add to the amount of the fees and penalties a fee for the hearing and provide that interest at the rate provided by resolution of the city council shall be added to the total amount until paid.

(F) The decision of the hearing officer shall be final and may be reviewed only within the time and in the manner provided by Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(G) A hearing not yet held or completed may be terminated or a suspension may be rescinded if the permittee proves to the satisfaction of the alarm administrator that action has been taken to resolve the basis for suspension.

(Ord. 2951)

After a permit is suspended or revoked, the alarm administrator shall not issue a new permit for the same type of alarm system for which the permit was revoked at the same alarm site unless the applicant:

(A) Submits a new application; and

(B) Pays the application fee and all due fines and penalties; and

(C) Submits a signed letter from an alarm business, indicating that the alarm business has inspected the alarm system, and has found that the alarm system is in good operating condition, and complies with the standards contained in this article.

(Ord. 2951)