(a) The city manager or designee will serve as hearing officer for appeals from owners that have been provided notice to disconnect or deactivate an alarm system or have been assessed fees for alarm malfunctions or false alarms. If the city manager elects a designee to serve as hearing officer, that designee shall not be emergency services personnel.
(b) An appeal must be in writing, submitted to the city manager's office along with a filing fee as provided in appendix B of the City code, stating the reasons why the order to disconnect or deactivate should be withdrawn, and shall be made within 15 days of the date of the notice to disconnect or receipt of any "alarm cause and corrective action" form. The owner shall have the burden of proof by the preponderance of the evidence standard.
(c) The hearing officer shall send notice of hearing to the owner within 15 days of receiving a written request for appeal. Within ten days following the hearing, the hearing officer shall make written findings in support of the officer's decision to overturn and or uphold the action appealed.
(d) Where the hearing officer upholds the decision to disconnect or deactivate an alarm system or affirms the assessment of fees, the owner shall have five days following receipt of the written decision within which to comply with the order.
(e) The appeal of an order to disconnect or deactivate an alarm system or for the assessment of a fee shall suspend the effective date of the order until the city manager has acted upon the appeal.