HomeMy WebLinkAboutORD 1341 (2007)ORDINANCE NO. 1341
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING CHAPTER 9 TO ARTICLE 6 OF THE TUSTIN
CITY CODE, REGARDING BURGLARY AND ROBBERY
ALARM SYSTEMS
The City Council of the City of Tustin, California, ordains:
SECTION 1. Section 6901 of Chapter 9, Article 6 of the Tustin City Code is
hereby amended to read as follows:
"City Manager" means the City Manager of the City of Tustin or his or her
designee."
SECTION 2. Section 6914(c) of Chapter 9, Article 6 of the Tustin City Code is
hereby amended to read as follows:
"(c) Any burglary alarm which causes ten (10) or more false alarms, or any
manually activated robbery alarm which causes four (4) or more false alarms, may be
declared a public nuisance, and will be subject to revocation of permit as specified in
section 6915 of this chapter. False alarms responded to beyond ten (10) for burglary
and four (4) for robbery will continue to be billed at the rates established by resolution of
the City Council, and the Police Department will no longer be required to respond to
alarms at said address once the Police Department has sent a letter, return receipt
requested, to the owner or occupant of the subject premises advising of the cessation of
such service and the reasons therefore."
SECTION 3. Section 6916 of Chapter 9, Article 6 of the Tustin City Code is
hereby amended to read as follows:
"6916 APPEAL
(a) Any person aggrieved by a decision of the Chief of Police to deny an
application for a permit, to deny an application to renew a permit, to revoke
a permit, or to require reimbursement for excessive false alarms, shall
have the right to appeal the decision to the City Manager.
(b) A written statement setting forth fully the grounds of such appeal shall be
filed within fifteen (15) days after notice of the decision of the Chief of
Police has been delivered to such person or mailed via certified mail to his
or her last known address. The notice of appeal is to be sent to the Police
Department of the city.
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(c) Where an appeal has been timely filed with the Police Department, an
order of revocation shall be stayed pending a determination thereon by the
City Manager or his/her designee. The permittee shall be allowed to
continue to use the alarm system until the appeal process has been
exhausted. The order of revocation shall be effective from its initial date of
issuance if the City Manager or his/her designee upholds the revocation
decision. If no appeal is filed, the suspension or revocation shall become
effective upon expiration of the period for filing appeals."
SECTION 4. Section 6917 of Chapter 9, Article 6 of the Tustin City Code is
hereby amended to read as follows:
"6917 WAIVER OF HEARING
Failure to timely file a letter of appeal with the Police Department within fifteen (15) days
of the Chief of Police's decision shall constitute a waiver of the appellant's rights to an
appeal hearing. If no appeal is filed, the suspension or revocation shall become
effective upon expiration of the period for filing appeals."
SECTION 5. Section 6918 of Chapter 9, Article 6 of the Tustin City Code is
hereby amended to read as follows:
"6918 APPEAL--HEARING AND DECISION
(a) The City Manager of the city may preside over the hearing on appeal or, in
the alternative, the City Manager may appoint a hearing officer to conduct
the hearing, receive relevant evidence, and submit to the City Manager,
findings and recommendations to be considered by the City Manager. The
City Manager shall render his or her decision within forty-five (45) days
from the date of the hearing or, in the event that a hearing officer has been
appointed, within forty-five (45) days from the date on which the City
Manager receives the findings and recommendations of the hearing
officer. The decision of the City Manager shall be final. The applicant shall
be entitled to notice of the basis for the proposed action, a copy of the
documents upon which the decision was based, and the opportunity to
present contrary evidence at the hearing.
(b) Notice of the date, time, and place of the hearing shall be mailed at least
ten (10) days prior to the date of the hearing, by the U.S. Mail, with proof of
service attached, addressed to the address listed on the alarm application,
or the address given in the Notice of Appeal, as the case may be."
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SECTION 6. This Ordinance shall become effective at 12:01 am on the thirty-first
day after passage.
SECTION 7. If any section, subsection, subdivision, paragraph, sentence, clause,
or phrase in this Ordinance or any part thereof is for any reason, held to be
unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, subdivision, sentence, clause, and
phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, or phrases be declared unconstitutional.
PASSED, APPROVED, AND ADOPTED this 7th day of August, 2007.
LOU BONE
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Interim Ordinance was
passed and adopted at a regular meeting of the City Council held on the 7th day of
August, 2007, by the following vote:
COUNCILMEMBER AYES: BONE, AMANTE, DAVERT, KAWASHIMA (4)
COUNCILMEMBER NOES: NONE (0)
COUNCILMEMBER ABSTAINED: NONE (0)
COUNCILMEMBER ABSENT: PALMER (1)
PAMELA STOKER,
City Clerk
Ordinance No. 1341
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