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O98-17 ORDINANCE NO. 098-//' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART II, CHAPTER 2.5, BY CREATING SECTION 2.5-18 OF THE CODE OF ORDINANCES PROVIDING FOR DEPARTMENTAL REVIEW OF CONTESTED FALSE ALARM RESPONSE SERVICE FEES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Chapter 2.5 of the City of Boynton Beach Code of Ordinances governs alarm systems within the City of Boynton Beach; and WHEREAS, Section 2.5-13 of the Code of Ordinances provides for the imposition of false alarm response service fees; and WHEREAS, Chapter 2.5 does not provide residents and business owners the opportunity to contest or offer a reasonable explanation for the excessive false alarms occurring on their property; and WHEREAS, city staff has recommended that an employee of each public safety department be designated to handle complaints or challenges of false alarm response service fees; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests and in the general welfare of the citizens to provide for a process by which residents and business owners can appeal fines levied for excessive false alarms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Part II, Chapter 2.5, Section 2.5-18 is hereby created as follows: Sec. 2.5-18 Departmental Review of Contested Fees A. Alarm users wishing to contest a false alarm response service fee shall provide to the police or fire rescue department, within thirty (30) days of imposition of the fee, a written explanation detailing reasons that the false alarm response service fee should be reduced or waived. B. The chiefs of the police department and the fire rescue and life safety department shall each designate a member of their respective departments to process, revzew and make a written recommendation to the department chief on each case contesting a false alarm response service fee. C. The chief of each department shall review the recommendation and may reduce, remove, or leave unchanged the false alarm response service charge imposed pursuant to Section 2.5-13. The decision of the chief of the respective department shall be the final decision of the city. Section 2. Ail ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4. said ordinance. Section 5. This ordinance shall become effective immediately upon passage. Authority is hereby granted to codify FIRST READING this ~ day of ~/~ , 1998. SECOND, FINAL READING AND PASSAGE this , 1998. day of ATTEST: CITY OF BOYNTON BEACH, FLORIDA Co~~~sioner Commissioner